THE SCHEDULE

(See sections 2 and 3)

No.

Vote

Services and purposes

Sums not exceeding

Voted by

Parliament

Charged on the

Consolidated Fund

Total

Rs.

Department of Agriculture and Farmers Welfare ………...

Revenue

3,00,000

Atomic Energy…………………………………………...

Revenue

2,00,000

Capital

3,00,000

Ministry of AYUSH ………………………………….

Revenue

2,00,000

Capital

1,00,000

Department of Fertilizers. …………………………….

Revenue

31063,09,00,000

Capital

3,10,00,000

Department of Pharmaceuticals. ………………………

Capital

1,00,000

Department of Commerce …………………………….

Revenue

226,96,00,000

2,43,00,000

229,39,00,000

Capital

1,00,000

Department for Promotion of Industry and Internal Trade….

Revenue

3,00,000

Capital

1,00,000

Department of Telecommunications ……………….....

Revenue

4,00,000

Capital

38543,32,00,000

Department of Food and Public Distribution …………

Revenue

1,00,000

Capital

5,36,00,000

Ministry of Cooperation ………………………………

Revenue

1,00,000

Capital

53,00,000

Ministry of Corporate Affairs …………………………

Revenue

25,00,00,000

Ministry of Culture ……………………………………

Revenue

5,09,00,000

Capital

1,00,000

Ministry of Defence (Civil) …………………………...

Revenue

1,00,000

Capital

10,00,00,000

Defence Services (Revenue) ………………………….

Revenue

1,00,000

65,28,00,000

65,29,00,000

Capital Outlay on Defence Services…………………..

Capital

4103,03,00,000

474,19,00,000

4577,22,00,000

Ministry of Development of North Eastern Region…..

Revenue

1,00,000

Capital

1,00,000

Ministry of Earth Sciences……………………………

Revenue

130,88,00,000

Department of School Education and Literacy………..

Revenue

2,00,000

Department of Higher Education……………………...

Revenue

1303,73,00,000

Ministry of Electronics and Information Technology…

Revenue

1,00,000

Ministry of Environment, Forests and Climate Change….

Revenue

3,00,000

Capital

38,40,00,000

Ministry of External Affairs…………………………...

Revenue

1235,63,00,000

Capital

3,00,000

Department of Economic Affairs. …………………….

Revenue

1646,66,00,000

Capital

4194,26,00,000

Department of Financial Services. ……………………

Revenue

521,83,00,000

Department of Revenue………………………………..

Revenue

1,00,000

Direct Taxes…………………………………………...

Revenue

1192,23,00,000

Capital

639,40,00,000

Indirect Taxes………………………………………….

Capital

605,68,00,000

Indian Audit and Accounts Department. ……………...

Revenue

3,77,00,000

3,77,00,000

Capital

353,06,00,000

14,47,00,000

367,53,00,000

Department of Fisheries………………………………

Revenue

1,00,000

Department of Animal Husbandry and Dairying……...

Revenue

361,12,00,000

Capital

66,32,00,000

Ministry of Food Processing Industries………………..

Revenue

2,00,000

Department of Health and Family Welfare. …………..

Revenue

2,00,000

Department of Health Research……………………….

Revenue

26,95,00,000

Capital

21,00,000

Ministry of Heavy Industries………………………….

Revenue

1,00,000

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

No.

Vote

Services and purposes

Sums not exceeding

Voted by

Parliament

Charged on the

Consolidated

Fund

Total

Rs.

Ministry of Home Affairs…………………………….

Revenue

2719,84,00,000

Capital

20,00,00,000

Cabinet…………………………………………………

Revenue

37,30,00,000

Capital

1,00,000

Police…………………………………………………..

Revenue

400,00,00,000

Capital

1,00,000

Andaman and Nicobar Islands………………………...

Revenue

1050,41,00,000

Capital

4,00,000

Chandigarh…………………………………………….

Revenue

1,00,000

Dadra and Nagar Haveli and Daman and Diu…………

Revenue

4,00,000

Capital

7,00,000

Ladakh…………………………………………………

Revenue

2519,51,00,000

Capital

168,78,00,000

Transfers to Jammu and Kashmir……………………..

Revenue

340,15,00,000

Transfers to Puducherry ………………………………

Revenue

85,68,00,000

Ministry of Housing and Urban Affairs……………….

Revenue

6,00,000

28,69,00,000

28,75,00,000

Capital

1,00,000

185,99,00,000

186,00,00,000

Ministry of Information and Broadcasting…………….

Revenue

1,00,000

Capital

17,26,00,000

Department of Water Resources, River Development

and Ganga Rejuvenation………………………………

Revenue

4,00,000

Capital

2,00,000

Department of Drinking Water and Sanitation………...

Revenue

1,00,000

Ministry of Labour and Employment………………….

Revenue

1,00,000

Law and Justice…………………..……………………

Revenue

1,00,000

Capital

629,81,00,000

Election Commission………..………………………...

Revenue

45,61,00,000

Capital

12,50,00,000

CHARGED.—Supreme Court of India ………………….

Revenue

75,05,00,000

75,05,00,000

Capital

10,93,00,000

10,93,00,000

Ministry of Micro, Small and Medium Enterprises. ….

Revenue

1,00,000

45,54,00,000

45,55,00,000

Capital

200,00,00,000

Ministry of Mines……………………………………...

Capital

66,46,00,000

Ministry of New and Renewable Energy……………...

Revenue

2,00,000

Ministry of Panchayati Raj…………………………….

Revenue

1,00,000

Ministry of Personnel, Public Grievances and Pensions….

Revenue

1,00,000

Ministry of Petroleum and Natural Gas……………….

Revenue

14692,44,00,000

Capital

1,00,000

Ministry of Planning………………………………….

Revenue

2,00,000

Capital

1,00,000

Ministry of Ports, Shipping and Waterways…………

Revenue

2,00,000

Ministry of Power……………………………………..

Revenue

2,00,000

Rajya Sabha…………………………………………...

Revenue

65,97,00,000

19,00,000

66,16,00,000

Capital

1,28,00,000

Ministry of Railways…………………………………..

Revenue

98,00,00,000

98,00,00,000

Capital

8,35,00,000

575,00,00,000

583,35,00,000

Ministry of Road Transport and Highways……………

Capital

18837,00,00,000

Department of Rural Development……………………

Revenue

4,00,000

Department of Land Resources ….……………………

Revenue

2,00,000

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

No.

Vote

Services and purposes

Sums not exceeding

Voted by

Parliament

Charged on the

Consolidated Fund

Total

Rs.

Department of Science and Technology………………

Revenue

676,29,00,000

Department of Empowerment of Persons with Disabilities…...

Revenue

16,60,00,000

Department of Space…………………………………..

Revenue

1,00,000

Capital

1,00,000

Ministry of Statistics and Programme Implementation..

Revenue

65,62,00,000

Capital

14,61,00,000

Ministry of Steel ………………………………………

Revenue

1585,00,00,000

Capital

22,00,00,000

Ministry of Textiles ….………………………………..

Revenue

1,00,000

87,42,00,000

87,43,00,000

Ministry of Tourism ………………………..…………

Revenue

1,00,000

101

Ministry of Women and Child Development …………

Revenue

1,00,000

Capital

56,00,000

TOTAL:

130601,90,00,000

1666,95,00,000

132268,85,00,000

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

THE FIRST SCHEDULE

(See section 2)

REPEALS

Year

Act No.

Short Title

1886

The Indian Tramways Act, 1886.

1976

The Levy Sugar Price Equalisation Fund Act, 1976.

1978

The Britannia Engineering Company Limited (Mokameh Unit)

and the Arthur Butler and Company (Muzaffarpore) Limited

(Acquisition and Transfer of Undertakings) Act, 1978.

1982

The

Chaparmukh-Silghat

Railway

Line

and

the

Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982.

1984

The Hooghly Docking and Engineering Company Limited

(Acquisition and Transfer of Undertakings) Act, 1984.

1988

The Bharat Petroleum Corporation Limited (Determination of

Conditions of Service of Employees) Act, 1988.

2016

The Arbitration and Conciliation (Amendment) Act, 2015.

2017

The Payment of Wages (Amendment) Act, 2017.

2017

The Enemy Property (Amendment and Validation) Act, 2017.

2017

The Maternity Benefit (Amendment) Act, 2017.

2017

The Employee’s Compensation (Amendment) Act, 2017.

2017

The Banking Regulation (Amendment) Act, 2017.

2018

The National Bank for Agriculture and Rural Development

(Amendment) Act, 2018.

2018

The High Court and Supreme Court Judges (Salaries and

Conditions of Service) Amendment Act, 2018.

2018

The Payment of Gratuity (Amendment) Act, 2018.

2018

The Specific Relief (Amendment) Act, 2018.

2018

The State Banks (Repeal and Amendment) Act, 2018.

2018

The Negotiable Instruments (Amendment) Act, 2018.

2018

The Commercial Courts, Commercial Division and Commercial

Appellate Division of High Courts (Amendment) Act, 2018.

2019

The Central Universities (Amendment) Act, 2019.

2019

The Protection of Human Rights (Amendment) Act, 2019.

2019

The Airports Economic Regulatory Authority of India

(Amendment) Act, 2019.

2019

The Motor Vehicles (Amendment) Act, 2019.

2019

The National Institute of Design (Amendment) Act, 2019.

2019

The Chit Funds (Amendment) Act, 2019.

2019

The Special Protection Group (Amendment) Act, 2019.

2019

The Arms (Amendment) Act, 2019.

2020

The Insolvency and Bankruptcy Code (Amendment) Act, 2020.

2020

The Constitution (Scheduled Tribes) Order (Amendment)

Act, 2020.

2020

The Aircraft (Amendment) Act, 2020.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

2020

The Insolvency and Bankruptcy Code (Second Amendment)

Act, 2020.

2020

The Salaries and Allowances of Ministers (Amendment)

Act, 2020.

2020

The Homoeopathy Central Council (Amendment) Act, 2020.

2020

The Indian Medicine Central Council (Amendment)

Act, 2020.

2020

The Banking Regulation (Amendment) Act, 2020.

2021

The Arbitration and Conciliation (Amendment) Act, 2021.

2021

The Insurance (Amendment) Act, 2021.

2021

The Medical Termination of Pregnancy (Amendment) Act, 2021.

2021

The Government of National Capital Territory of Delhi

(Amendment) Act, 2021.

2021

The Factoring Regulation (Amendment) Act, 2021.

2021

The Coconut Development Board (Amendment) Act, 2021.

2021

The Insolvency and Bankruptcy Code (Amendment) Act, 2021.

2021

The Central Universities (Amendment) Act, 2021.

2021

The Airports Economic Regulatory Authority of India

(Amendment) Act, 2021.

2021

The Deposit Insurance and Credit Guarantee Corporation

(Amendment) Act, 2021.

2021

The Constitution (Scheduled Tribes) Order (Amendment)

Act, 2021.

2021

The

General

Insurance

Business

(Nationalisation)

Amendment Act, 2021.

2021

The National Commission for Indian System of Medicine

(Amendment) Act, 2021.

2021

The National Commission for Homoeopathy (Amendment)

Act, 2021.

2021

The National Institute of Pharmaceutical Education and

Research (Amendment) Act, 2021.

2021

The High Court and Supreme Court Judges (Salaries and

Conditions of Service) Amendment Act, 2021.

2021

The Election Laws (Amendment) Act, 2021.

2022

The Constitution (Scheduled Castes and Scheduled Tribes)

Orders (Amendment) Act, 2022.

2022

The Constitution (Scheduled Tribes) Order (Amendment) Act, 2022.

2022

The Delhi Municipal Corporation (Amendment) Act, 2022.

2022

The Weapons of Mass Destruction and their Delivery Systems

(Prohibition of Unlawful Activities) Amendment Act, 2022.

2022

The Energy Conservation (Amendment) Act, 2022.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

2022

The Constitution (Scheduled Castes and Scheduled Tribes)

Orders (Second Amendment) Act, 2022.

2022

The New Delhi International Arbitration Centre (Amendment)

Act, 2022.

2023

The Constitution (Scheduled Tribes) Order (Second

Amendment) Act, 2022.

2023

The

Constitution

(Scheduled

Tribes)

Order

(Fourth

Amendment) Act, 2022.

2023

The Competition (Amendment) Act, 2023.

2023

The Multi-State Co-operative Societies (Amendment)

Act, 2023.

2023

The Cinematograph (Amendment) Act, 2023.

2023

The Constitution (Scheduled Tribes) Order (Amendment)

Act, 2023.

2023

The Constitution (Scheduled Tribes) Order (Second

Amendment) Act, 2023.

2023

The Mines and Minerals (Development and Regulation)

Amendment Act, 2023.

2023

The Offshore Areas Mineral (Development and Regulation)

Amendment Act, 2023.

2023

The Government of National Capital Territory of Delhi

(Amendment) Act, 2023.

2023

The Coastal Aquaculture Authority (Amendment) Act, 2023.

2023

The Central Universities (Amendment) Act, 2023.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

THE SECOND SCHEDULE

(See section 3)

AMENDMENTS

Year

Act

No.

Short Title

Amendments

1897

The General Clauses

Act, 1897.

In section 27, for the words “registered

post”,

the

words

“speed

post

with

registration” shall be substituted.

1908

The Code of Civil

Procedure, 1908.

(i) In section 148A, in sub-section (2),

for

the

words

“registered

post,

acknowledgement due”, the words “speed

post with registration and proof of delivery”

shall be substituted;

(ii)

In the First Schedule,

(a) in order V, in rule 9,––

(I) in sub-rule (3), for the words

“registered

post

acknowledgement

due, addressed to the defendant or his

agent empowered to accept the service

or by speed post”, the words “speed

post with registration and proof of

delivery addressed to the defendant or

his agent empowered to accept the

service” shall be substituted;

(II) in sub-rule (4), the brackets and

words “(except by registered post

acknowledgment

due)”

shall

omitted;

(III)

sub-rule

(5),

the

proviso, for the words “registered

post

acknowledgement

due,

the

declaration

referred

this

sub-rule shall be made notwithstanding

the fact that the acknowledgement”,

the words “speed post with registration

and proof of delivery, the declaration

referred to in this sub-rule shall be

made notwithstanding the fact that the

proof of delivery” shall be substituted;

(b) in order XXI, in rule 1, in

sub-rule (2), for the words “registered post,

acknowledgement due”, the words “speed

post with registration and proof of delivery”

shall be substituted; and

proviso, in clause (a), for the words

“registered post”, the words “speed post with

registration” shall be substituted.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Application of

Act.

2. (1) This Act shall apply to––

(a) all Institutions of national importance established by an Act of

Parliament, under the administrative purview of the Ministry of Education in

the Government of India;

(b) such other Institutions of national importance, established by an Act

of Parliament, as may be notified by the Central Government in the Official

Gazette;

Central Act or a State Act or any other institution declared as a deemed to be

University by any notification by the Department of Higher Education,

Ministry of Education in the Government of India under the provisions of

section 3 of the University Grants Commission Act, 1956, before this Act

came into force;

(d) colleges and such other higher educational institutions affiliated with

the Universities or higher educational institutions falling under the purview of

this Act;

(e) institutions regulated under the Architects Act, 1972;

(f) institutions regulated under the All India Council for Technical

Education Act, 1987;

(g) institutions regulated under the National Council for Teacher

Education Act, 1993;

(h) institutions of open and distance learning, online education and

digital education recognised by the University Grants Commission;

(i) institutions of eminence;

(j) institutions regulated by such other Professional Councils as may be

notified by the Central Government; and

(k) other programmes and institutions as may be notified by the Central

Government.

(2) Notwithstanding anything contained in the Architects Act, 1972, or any

other Act governing the regulation of higher education and open and distance

learning, or online education and digital education, the provisions of this Act shall

apply to any matter concerning the co-ordination and determination of standards in

higher educational institutions:

Provided that nothing contained in this Act shall be construed as restricting

the powers of Council of Architecture constituted under the Architects Act, 1972 to

regulate their professional practice.

Explanation.––For the purposes of this Act, the expression professional

practice refers to a practice whereby a person is registered to practice the said

profession under the provisions of the Architects Act, 1972.

(3) The provisions of this Act shall not apply to such professional programmes

of institutions regulated by––

(a) the Pharmacy Council of India constituted under the Pharmacy

Council of India Act, 1948;

(b) the Bar Council of India constituted under the Advocates Act, 1961;

Veterinary Council Act, 1984;

20 of 1972.

52 of 1987.

73 of 1993.

20 of 1972.

8 of 1948.

25 of 1961.

52 of 1984.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

3 of 1956.

34 of 1992.

30 of 2019.

14 of 2020.

15 of 2020.

14 of 2021.

26 of 2023.

21 of 2023.

(d)

the Rehabilitation Council of India constituted under the

Rehabilitation Council of India Act, 1992;

(e) the National Medical Commission constituted under the National

Medical Commission Act, 2019;

(f) the National Commission for Indian System of Medicine constituted

under the National Commission for Indian System of Medicine Act, 2020;

(g) the National Commission for Homoeopathy constituted under the

National Commission for Homoeopathy Act, 2020;

(h) the National Commission for Allied and Healthcare Professions

constituted under the National Commission for Allied and Healthcare

Professions Act, 2021;

(i) the National Nursing and Midwifery Commission constituted under

the National Nursing and Midwifery Commission Act, 2023;

(j) the National Dental Commission constituted under the National

Dental Commission Act, 2023;

(k) such other programmes, institutions, commissions or councils, as

may be notified by the Central Government:

Provided that such professional programmes may be offered by any

higher educational institution falling under the provisions of this Act, subject

to fulfilment of such statutory requirements as laid down in this regard by the

concerned statutory body.

3. (1) In this Act, unless the context otherwise requires,––

(a) “accreditation” with its grammatical variations, means the process of

quality control in higher education, whereby, as a result of evaluation or

assessment or by any other scientific method defined by the Accreditation

Council, a higher educational institution or any programme conducted therein

is recognised as achieving set and graded levels of quality, self-governance

and autonomy;

(b) “Accreditation Council” means the Viksit Bharat Shiksha Gunvatta

Parishad established by the Central Government under sub-section (1) of

section 13;

empanelled or authorised by the Viksit Bharat Shiksha Gunvatta Parishad for

assessment and accreditation of the higher educational institutions and

programs, courses conducted by University or higher educational institutions;

(d) “affiliation” together with its grammatical variations, includes, in

relation to a college or higher educational institution,––

(i) recognition of such college or higher educational institution by

a University; or

(ii) association of such college or higher educational institution

with a University; or

(iii) admission of such college or higher educational institution to

the privileges of a University;

(e) “Central Government” means the Ministry or Department in the

Government of India dealing with higher education;

Definitions.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

(f) “certificate” means such award, not being a degree or diploma

granted by a University or higher educational institution or any other

institution, certifying that the recipient has successfully completed a

programme or course of study;

(g) “Chairperson” means the Chairperson of the Commission appointed

under section 18;

(h) “college” means any institution, whether known as such or by any

other name, which provides a course of study for obtaining any qualification

such as a certificate, diploma or degree from a University and which, in

accordance with the rules and regulations or statutes and ordinances of such

University, is recognised as competent to provide for such programmes or

courses of study and to present students undergoing such courses of study for

the award of such qualification, and includes a college maintained or admitted

to its privilege by the University, an affiliated college and a constituent college

and such college which may be authorised to grant degrees under

sub-section (4) of section 11.

Explanation.––For the purposes of this clause, the expression

“constituent college” means an institution recognised as such by the

University;

(i) “Commission” means the Viksit Bharat Shiksha Adhishthan

constituted under section 5;

(j) “Council” means any of the three independent verticals of the

Commission, namely, the Viksit Bharat Shiksha Viniyaman Parishad or the

Viksit Bharat Shiksha Gunvatta Parishad or the Viksit Bharat Shiksha Manak

Parishad established under this Act;

(k) “degree” means such award, not being a diploma or certificate,

granted by a University or higher educational institution or any other

institution, certifying that the recipient has successfully completed a

programme or course of study;

(l) “diploma” means such award, not being a certificate or degree

granted by a University or higher educational institution or any other

institution, certifying that the recipient has successfully completed a

programme or course of study;

(m) “eminent experts” shall mean persons of ability, integrity and

standing who have knowledge of or experience in such areas including

teaching, agriculture, commerce, industry, forestry, skill sector or members of

the engineering or legal or medical or any other profession, or in the opinion

of the Central Government educationalists of repute or have obtained high

academic distinction;

(n) “Fund” means the Viksit Bharat Shiksha Adhishthan Fund

constituted under section 39;

(o) “higher educational institution” means an institution of learning

including a University, a college, a technical institution, an Institution of

national importance, an institution of eminence or a constituent unit of such

institution, which is imparting higher education or conducting research

therein;

(p) “institution of eminence” means a higher educational institution

declared as such by the Department of Higher Education Ministry of

Education in the Government of India;

(q) “Institution of national importance” means an institution declared as

such by an Act of Parliament;

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

3 of 1956.

(r) “Member” means a Member of the Commission or the Councils and

includes its Chairperson or President;

(s) “notification” means a notification published in the Official Gazette

and the expression “notified” shall be construed accordingly;

(t) “prescribed” means prescribed by rules made by the Central

Government under this Act;

(u) “President” means the President of the respective Councils

established under the provisions of this Act;

(v) “regulations” means the regulations made by the Commission or the

Councils, as the case may be, under this Act;

(w) “Regulatory Council” means the Viksit Bharat Shiksha Viniyaman

Parishad established by the Central Government under sub-section (1) of

section 10;

(x) “Standards Council” means the Viksit Bharat Shiksha Manak

Parishad established by the Central Government under sub-section (1) of

section 15; and

(y) “University” means a University established or incorporated by or

under a Central Act, a State Act or any institution declared a deemed to be

University under the provisions of section 3 of the University Grants

Commission Act, 1956.

4. The aims and purposes of this Act is to provide an effective, enabling and

responsive system of regulation to encourage integrity, excellence and

public-spiritedness in higher education that is enabled through the following guiding

principles, namely:––

(a) functions to be performed independently by the Regulatory Council,

the Accreditation Council and the Standards Council;

(b) responsive and minimalistic regulation to ensure public-spiritedness,

good governance, financial stability and probity, and transparent public

disclosure of all academic, operational and financial matters; and

transparent system that provides intellectual and moral leadership.

CHAPTER II

VIKSIT BHARAT SHIKSHA ADHISHTHAN

5. (1) With effect from such date as the Central Government may, by

notification, appoint, there shall be constituted a Commission to be known as the

Viksit Bharat Shiksha Adhishthan to exercise the powers conferred upon, and

perform the functions assigned to it, under this Act.

(2) The Commission shall be a body corporate by the name aforesaid having

perpetual succession and a common seal with power, subject to the provisions of

this Act, to acquire, hold and dispose of property, both movable and immovable,

and to contract and shall, by the said name, sue or be sued.

6. (1) The Commission shall consist of a Chairperson and other Members, not

exceeding twelve in number.

(2) Of the twelve Members referred to in sub-section (1), there shall be—

(a) President of the Regulatory Council—ex officio Member;

Aims and

purposes of Act.

Constitution of

Viksit Bharat

Shiksha

Adhishthan.

Composition of

Commission.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Responsibility of

Chairperson and

Member-Secretary

of Commission.

Meetings of

Commission.

Functions of

Commission.

(b) President of the Accreditation Council—ex officio Member;

(d) Secretary to the Government of India in the Ministry of Education,

Department of Higher Education—ex officio Member;

(e) two eminent and distinguished academicians not below the rank of

Professor from the State Higher Educational Institutions—Members;

(f) five eminent experts—Members; and

(g) a Member Secretary.

(3) The Members referred to in clauses (e) and (f) of sub-section (2), shall act

as part-time Members.

7. (1) The Chairperson shall preside over the meetings of the Commission,

decide the agenda, and approve the proceedings of the meetings of the Commission.

(2) The Member-Secretary shall act as full-time Member of the Commission

and shall function as the Chief Executive Officer and ensure general

superintendence and co-ordination with respect to all administrative matters of the

Commission.

8. (1) The Commission shall meet at such places and times, and shall follow

such rules of procedure in regard to the transaction of business at its meetings

(including quorum at such meetings), in such manner as may be specified by the

regulations, in consultation with the Central Government.

(2) All questions which come up before any meeting of the Commission shall

be decided by a majority of the votes of the Members present and voting, and in the

event of an equality of votes, the Chairperson, or in his absence, the Member chosen

by other Members to preside over the meeting, shall have a second or casting vote.

(3) The Commission may invite, as special invitees, the Heads of such other

bodies as the Commission deems fit:

Provided that when the Commission is deciding upon a matter pertaining to

the exclusive domain of any specific Professional Body, the Commission may invite

nominees of the said Body.

9. Subject to the provisions of this Act, the Commission shall discharge and

perform the following functions, namely:––

(a) to provide high level strategic direction for comprehensive and

holistic growth of higher education and research in a competitive global

environment;

(b) to develop a roadmap for transforming higher educational institutions

into large multi-disciplinary education and research institutions;

destination;

(d) to develop a roadmap for integration and promotion of Bharatiya

knowledge, languages and arts across the multi-disciplinary higher

education system;

(e) to provide strategic direction for synergistic functioning of the

Councils established under this Act and ensure co-ordination between them;

(f) to give directions to the Councils for the purposes of co-ordination;

(g) to provide financial support for proper functioning of the Councils;

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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(h) to formulate and suggest such schemes to the Central Government

for improvement of quality of education;

(i) to recommend to the Central Government to create one or more

Bodies for furtherance of the objectives of this Act;

(j) to advise the Central Government or any State Government on any

question which may be referred to the Commission by the Central Government

or the State Government, as the case may be;

(k) to advise the Central Government or any State Government, as the case

may be, on any question which is considered as important by the Commission for

the holistic development of higher education in the country; and

(l) to perform such other functions, as may be prescribed.

CHAPTER III

VIKSIT BHARAT SHIKSHA VINIYAMAN PARISHAD

10. (1) With effect from such date as the Central Government may, by

notification, appoint, there shall be established a Regulatory Council to be known

as the Viksit Bharat Shiksha Viniyaman Parishad, which shall function as the

common regulator of higher education in India.

(2) The Regulatory Council referred to in sub-section (1), shall be a body

corporate by the name aforesaid having perpetual succession and a common seal

with power, subject to the provisions of this Act, to acquire, hold and dispose of

property, both movable and immovable, and to contract and shall, by the said name,

sue or be sued.

(3) The Regulatory Council shall be headed by a President and shall consist

of other Members, not exceeding fourteen in number.

(4) Of the fourteen Members referred to in sub-section (3), there shall be—

(a) two eminent and distinguished academicians not below the rank

of Professor—Members;

(b) one eminent and distinguished academician not below the rank of

Professor from a State Higher Educational Institution—Member;

(d) three eminent and distinguished academicians not below the rank of

Professor from the Institutions of national importance—Members;

(e) one nominee of States and Union territories, on a rotation

basis—Member;

(f) two eminent experts—Members;

(g) one nominee of the Department of Higher Education in the Ministry

of Education, who shall not be below the rank of Joint Secretary to the

Government of India—ex officio Member;

(h) one Member to be nominated by the Accreditation Council from

amongst its Members—ex officio Member;

(i) one Member to be nominated by the Standards Council from amongst

its Members—ex officio Member; and

(j) a Member Secretary:

Provided that the Members referred to in clauses (a) and (j) of this

sub-section, shall act as full-time Members and the Members referred to in

clauses (b), (c), (d), (e) and (f) shall act as part-time Members.

Establishment of

Regulatory

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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Functions of

Regulatory

Council.

(5) The Regulatory Council may invite such experts as may be determined by

it as special invitees for its meetings in such manner as may be specified by

regulations made by it, in consultation with the Central Government:

Provided that when the Regulatory Council is deciding upon a matter

pertaining to the exclusive domain of any specific professional body, it may invite

nominee of the said body.

11. (1) The Regulatory Council shall take all such steps as it may deem fit for

the co-ordination and maintenance of standards and compliance of regulatory

provisions in higher educational institutions.

(2) Without prejudice to the generality of the foregoing provisions, the steps

referred to in sub-section (1), may provide for all or any of the following matters,

namely:—

(a) to require that all higher educational institutions attain full

accreditation and thereby autonomy in a graded manner, to transform the

current higher education sector into one comprising autonomous, vibrant and

empowered multidisciplinary higher educational institutions with high quality

education, research and service including integrated vocational education,

training and skilling programs;

(b) to require full online and offline public self-disclosure of all finances,

audits, procedures, infrastructure, faculty, courses, educational outcomes and

accreditation related information by higher educational institutions on a public

website maintained by the Regulatory Council and on the websites of

institutions;

higher educational institutions are conducted lawfully and reported truthfully

and transparently on the public website maintained by Regulatory Council and

on the websites of institutions;

(d) to develop a coherent policy to prevent commercialisation of higher

education;

(e) to develop and implement a systematic plan for disclosure of key

financial matters by higher educational institutions and require that the

auditing and financial disclosure standards of higher educational institutions

are adhered to;

(f) to take swift corrective action in not later than sixty days in cases of

dishonest public self-disclosure or any other academic, administrative or

financial impropriety;

(g) to require that students have free access to a fair, transparent and

robust grievance redressal mechanism;

(h) to dispose of complaints or grievances received against the higher

educational institutions from the stakeholders;

(i) to provide that the minimum standards for setting up and operation of

higher educational institutions as determined by the Standards Council are

complied with;

(j) to develop a model and roadmap for setting up and operation of higher

educational institutions;

(k) to facilitate autonomy of higher educational institutions in a graded

and time bound manner;

(l) to specify standards for select foreign universities to operate in India,

with the prior approval of the Central Government:

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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3 of 1956.

Provided that for the foreign university campuses which were already

set up in India and governed by the existing regulations of the University

Grants Commission, notified before the commencement of this Act, the

powers vested with the “University Grants Commission” therein, shall vest

with the Regulatory Council;

(m) facilitate high performing Indian Universities to set up campuses in

other countries, with the prior approval of the Central Government;

(n) require that only suitably accredited higher educational institutions

offer open and distance learning, online education and digital education;

(o) decide on the continuance of functioning and maintenance of

inter-University centres established under clause (ccc) of section 12 of

the University Grants Commission Act, 1956, which were in existence

before the commencement of the Act, in consultation with the Central

Government;

(p) recommend to any higher educational institution the measures

necessary for the improvement of higher education and advise the higher

educational institution upon the action to be taken for the purpose of

implementing such recommendation;

(q) furnish such information to the Commission, as the Commission may

require, in connection with the performance of its functions under this

Act; and

(r) perform such other functions, as may be prescribed.

(3) The functions to be discharged by the Regulatory Council under clauses

referred to in sub-section (2), other than clauses (c), (e), (j), (o), (p), (q) and (r), shall

be such as may be specified by the regulations made by the Regulatory Council in

this regard.

(4) The Regulatory Council may authorise any accredited higher educational

institution, other than a University, to grant degrees in such manner as may be

specified by the regulations by the Regulatory Council, with the prior approval of

the Central Government:

Provided that the Regulatory Council may, with the prior approval of the

Central Government, revoke such authorisation accorded to a higher educational

institution, if such institution violates the provisions of this Act or the rules and

regulations made thereunder:

Provided further that no such authorisation shall be revoked without providing

an opportunity of being heard.

(5) The Regulatory Council shall take measures to facilitate colleges to attain,

required accreditation benchmarks, and eventually become autonomous

degree-granting colleges.

(6) The Regulatory Council shall meet at such places and times, and follow

such rules of procedure in regard to the transaction of business at its meetings

(including quorum at such meetings), as may be specified by the regulations made

by the Regulatory Council in consultation with the Central Government.

12. (1) Notwithstanding anything contained in this Act, any existing or newly

accredited University shall establish constituent colleges, off-campuses and

multiple campuses, only with prior approval of the Regulatory Council.

(2) The manner of establishing constituent colleges, off-campuses and

multiple campuses, shall be such as may be prescribed.

Establishment of

constituent

colleges, etc.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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Establishment of

Accreditation

Council.

Functions of

Accreditation

Council.

CHAPTER IV

VIKSIT BHARAT SHIKSHA GUNVATTA PARISHAD

13. (1) With effect from such date as the Central Government may, by

notification, appoint, there shall be established an Accreditation Council to be

known as the Viksit Bharat Shiksha Gunvatta Parishad.

(2) The Accreditation Council referred to in sub-section (1) shall be a body

corporate by the name aforesaid having perpetual succession and a common seal

with power, subject to the provisions of this Act, to acquire, hold and dispose of

property, both movable and immovable, and to contract and shall, by the said name,

sue or be sued.

(3) The Accreditation Council shall consist of a President and other Members,

not exceeding fourteen in number.

(4) Of the fourteen Members referred to in sub-section (3), there shall be––

(a) two eminent and distinguished academicians, not below the rank of

Professor—Members;

(b) two eminent and distinguished academicians, not below the rank of

Professor from State Higher Educational Institutions—Members;

(d) three eminent and distinguished academicians not below the rank of

Professor from the Institutions of national importance—Members;

(e) one nominee of the Department of Higher Education in the Ministry

of Education, who shall not be below the rank of Joint Secretary to the

Government of India—ex officio Member;

(f) two eminent experts—Members;

(g) one Member to be nominated by the Regulatory Council from

amongst its Members—ex officio Member;

(h) one Member to be nominated by the Standards Council from amongst

its Members—ex officio Member; and

(i) a Member Secretary:

Provided that the Members referred to in clauses (a) and (i) shall act as full-

time Members and the Members referred to in clauses (b), (c), (d) and (f) shall act

as part-time Members.

(5) The Accreditation Council may invite such experts as may be determined

by it as special invitees for its meetings in such manner as may be specified by it by

regulations in consultation with the Central Government:

Provided that when the Accreditation Council is deciding upon a matter

pertaining to the exclusive domain of any specific professional body, it may invite

nominee of the said body.

14. (1) The Accreditation Council shall function as an accrediting body and

shall take such steps to supervise and oversee independent ecosystem of

accreditation.

(2) Without prejudice to the generality of the foregoing provisions, the steps

referred to in sub-section (1), may provide for all or any of the following matters,

namely:––

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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(a) develop an outcome based Institutional Accreditation Framework in

consultation with relevant stakeholders, which shall be used to assess and

accredit higher educational institutions leading to accreditation with or

without open and distance learning, online or digital learning, or any other

form of learning, as the case may be;

(b) carry out accreditation using technology driven systems operated

through the public website referred to in clause (b) of sub-section (2) of

section 11;

to develop a high-quality and high-integrity accreditation system with

adequate capacity to meet the requirements for accreditation of higher

educational institutions;

(d) monitor and review the performance of accrediting institutions;

(e) compile and disseminate all accreditation related information

regarding the accreditation of higher educational institutions to the public

including stakeholders for ensuring the highest degree of probity is maintained

through complete transparency;

(f) recommend to the Regulatory Council for imposition of penalties

referred to in section 33 for contravention of the matters relating to

accreditation of higher educational institutions;

(g) assess the requirements of accreditation and develop a perspective

plan for ensuring accreditation of all higher educational institutions;

(h) furnish such information to the Commission as the Commission may

require in connection with the performance of its functions under this Act; and

(i) perform such other functions as may be prescribed.

(3) The functions of the Accreditation Council under clauses referred to in

sub-section (2), other than clauses (f), (g), (h) and (i), shall be such as may be

specified by the regulations made by the Accreditation Council in this regard.

(4) The Institutional Accreditation Framework shall lay down parameters for

accreditation involving only educational outcomes, good governance, financial

probity and stability and transparent public disclosure of all academic, operational

and financial matters to guide the accrediting institutions in such manner as may be

specified by regulations made by the Accreditation Council.

(5) The higher educational institutions shall accurately state educational inputs

and specific intended educational outcomes in their Institutional Development Plan

which should be publicly disclosed and such plan should emphasise the quality of

educational outcomes and governance mechanisms and their adherence.

Explanation.––For the purposes of this sub-section, the expression

“Institutional Development Plan” means a strategic document designed to ensure

the alignment of Institution with educational, research and societal goals, while

maintaining compliance with national standards and regulations and includes the

objectives, initiatives, resource allocation of the institution and its timelines for

institutional development in the short, medium and long term.

(6) The Accreditation Council shall meet at such places and times, and follow

such rules of procedure in regard to the transaction of business at its meetings,

(including quorum at such meetings), as may be specified by the regulations made

by the Accreditation Council in consultation with the Central Government.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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Establishment of

Standards

Council.

Functions of

Standards

Council.

CHAPTER V

VIKSIT BHARAT SHIKSHA MANAK PARISHAD

15. (1) With effect from such date as the Central Government may, by

notification, appoint, there shall be established a Standards Council to be known as

the Viksit Bharat Shiksha Manak Parishad.

(2) The Standards Council, referred to in sub-section (1), shall be a body

corporate by the name aforesaid having perpetual succession and a common seal

with power, subject to the provisions of this Act, to acquire, hold and dispose of

property, both movable and immovable, and to contract and shall, by the said name,

sue or be sued.

(3) The Standards Council shall consist of a President and other Members, not

exceeding fourteen in number.

(4) Of the fourteen Members referred to in sub-section (3), there shall be––

(a) two eminent and distinguished academicians not below the rank of

Professor—Members;

(b) one eminent and distinguished academicians not below the rank of

Professor from a State Higher Educational Institution—Member;

basis—Member;

(d) one person representing the Council of Architecture—Member;

(e) three eminent and distinguished academicians not below the rank of

Professor from Institutions of national importance—Members;

(f) two eminent experts—Members;

(g) one nominee of the Department of Higher Education in the

Ministry of Education, who shall not be below the rank of Joint Secretary to

the Government of India—ex officio Member;

(h) one Member to be nominated by the Regulatory Council from

amongst its Members—ex officio Member;

(i) one Member to be nominated by the Accreditation Council from

amongst its Members—ex officio Member; and

(j) a Member Secretary:

Provided that the Members referred to in clauses (a) and (j) shall act as full-

time Members and the Members referred to in clauses (b), (c), (d), (e) and (f) shall

act as part-time Members.

(5) The Standards Council may invite such experts as may be determined by

it as special invitees for its meetings in such manner as may be specified by

regulations made by it:

Provided that when the Standards Council is deciding upon a matter pertaining

to the exclusive domain of any specific professional body, it may invite nominees

of the said body.

16. (1) The Standards Council shall take all such steps as it may think fit for

the determination of academic standards in higher educational institutions for higher

education and for the purpose of performing the functions under this Act.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

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(2) Without prejudice to the generality of the foregoing provisions, the steps

referred to in sub-section (1) may provide for all or any of the following matters,

namely:—

(a) frame expected learning outcomes (also referred to as “graduate

attributes”) for higher education programmes which may guide higher

educational institutions;

(b) provide guiding principles for learning outcomes, to ease the

integration of vocational education into higher education;

levels of educational qualifications, other than “Doctor of Philosophy”,

“degree”, “diploma” and “certificate”, which may be awarded by any higher

educational institution, in consultation with the Central Government;

(d) provide the norms for credit transfers, equivalence and other related

matters to facilitate mobility of students;

(e) develop a suggested broad framework of higher education

qualifications for institutions and programmes and across the open and

distance learning, online, and the traditional “in-class” modes, within which

institutions and faculty shall have the autonomy to innovate on matters of

curriculum, pedagogy and assessment;

(f) promote quality of academic instruction and determine minimum

academic standards in higher educational institutions;

(g) lay down clear minimum standards for setting up and operation of

higher educational institutions;

(h) establish non-binding frameworks for innovative development of

curriculum, pedagogy, assessment, and student support, including the

promotion of internationalisation of education to attain world class standards

in all areas as well as the Indianisation of education to promote Bharatiya

knowledge, arts and languages, for enhanced student experiences and to meet

learning outcomes;

(i) develop a perspective plan for determination of academic standards

in higher educational institutions;

(j) lay down such qualifications, as may be determined by it, that should

be required of any person to be appointed as the staff of the higher educational

institution:

Provided that nothing in this clause shall prohibit the appointment of

distinguished experts with remarkable contributions in their respective fields;

(k) furnish such information to the Commission as the Commission may

require in connection with the performance of its functions under this Act; and

(l) perform such other functions as may be prescribed:

Provided that the Standards Council shall consider the inputs of such

professional bodies, where required, while drawing the curriculum framework,

laying down academic standards and co-ordination between teaching, research and

extension of their domain or discipline.

(3) The functions of the Standards Council under clauses referred to in

sub-section (2), other than clauses (b), (c), (h), (j), (k) and (l), shall be such as may

be specified by the regulations made by it.

(4) The Standards Council shall meet at such places and times, and follow

such rules of procedure in regard to the transaction of business at its meetings

(including quorum at such meetings) as may be specified by the regulations made

by the Standards Council in consultation with the Central Government.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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Right to confer

degrees.

Qualification

and appointment

of Chairperson

of Commission.

Qualification for

appointment as

Presidents and

full-time

Members of

Councils.

Appointment of

Presidents and

Members of

Councils and

Member

Secretaries of

Commission and

Councils.

Search-cum-

Selection

Committee.

CHAPTER VI

GENERAL PROVISIONS

17. (1) The right of conferring or granting degrees shall be exercised

only by a University or an Institution specially empowered by an Act of

Parliament to confer or grant degrees, or a higher educational institution empowered

under this Act.

(2) Save as provided in sub-section (1), no person or authority shall confer or

grant or hold himself or itself out as entitled to confer or grant, any degree.

(3) For the purposes of this section, “degree” means any such degree as may,

with the previous approval of the Central Government, be notified in this behalf by

the Standards Council.

18. The Chairperson shall be a person of eminence and reputation to be

appointed in an honorary capacity by the President of India on the recommendations

of the Central Government.

19. (1) The President of the respective Councils shall be persons of eminence

and standing in the field of higher education or research possessing leadership

abilities, capacity for institution building and governance of institutions of higher

learning, and having experience of not less than ten years as Professor or equivalent

in a distinguished higher educational institution or University.

(2) The full-time Members of the Councils shall be distinguished and eminent

academicians of repute not below the rank of Professor and having experience of

not less than ten years as Professor or equivalent in a distinguished higher

educational institution or University or a scholar of repute in a research institute, or

persons of outstanding ability, proven administrative capacity and integrity.

20. (1) The Presidents and full-time Members of the Councils shall be appointed

by the President of India on the recommendations of the Search-cum-Selection

Committee referred to in section 21.

(2) The other Members of the Commission and the Councils, other than the ex

officio Members and Member Secretary of the Commission and the Councils, shall

be appointed by the President of India on the recommendations of the Central

Government in such manner as may be prescribed.

(3) For efficient administration of the Commission, the Central Government

shall appoint Member Secretary not below the rank of the Secretary to the

Government of India or who has served as Secretary to the Government of India in

such manner as may be prescribed.

(4) For efficient administration of the Councils, the Central Government shall

appoint Member Secretaries not below the rank of the Joint Secretary to the

Government of India or who has served as Joint Secretary to the Government of

India in such manner as may be prescribed.

21. (1) The Search-cum-Selection Committee shall consist of––

(a) two eminent experts nominated by the Central Government with one

of them designated as the Chairperson of the Search-cum-Selection

Committee; and

(b) the Secretary to the Government of India in the Department of Higher

Education, Ministry of Education—ex officio Member.

(2) The term of the Search-cum-Selection Committee and the manner of

selection of panel of names shall be such as may be prescribed.

Sec. 2]

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22. (1) The term of office of the Chairperson of the Commission shall be for

an initial period of three years, which may be extended up to five years, from the

date of his appointment and he shall be eligible for re-appointment for another term.

(2) The term of office of the President of each Council shall be for a period of

three years which may be extended up to five years from the date of their

appointment or till they attain the age of seventy years, whichever is earlier and they

shall be eligible for re-appointment for another term.

(3) The term of office of the Members of the Commission and Councils, other

than ex officio Members, shall be for a period of three years or till they attain the

age of seventy years, whichever is earlier and they shall be eligible for

re-appointment for another term:

Provided that the term of office of ex officio Members of the Commission or

the Councils, as the case may be, shall continue as long as they hold the office by

virtue of which they are such Members.

(4) The nominees of States and Union territories with respect to Regulatory

Council and Standards Council shall be appointed as Members on rotation basis for

a period of one year, in such manner as may be determined by the Central

Government.

23. (1) In the event of the occurrence of a vacancy in the office of—

(a) the Chairperson of the Commission; or

(b) the President of any Council; or

(d) the Member Secretary of the Commission or the Councils, as the case

may be,

whether by reason of his death, resignation or inability to discharge his functions

owing to illness or other incapacity, or by any other reason, may be filled by the

Central Government by making a fresh appointment from the date on which such

vacancy occurs and the Chairperson, President or Member of the Commission or

Councils so appointed shall hold office for the remainder of the term of office of the

person in whose place he is so appointed or till the appointment of regular

incumbent, whichever is earlier:

Provided that during the period of occurrence of vacancy in the office of the

Chairperson or the Presidents of the Councils, as the case may be, the Central

Government may nominate any other Member of the Commission or the Councils

to hold the office of the Chairperson or the Presidents of the Councils, as the case

may be.

24. (1) The President of India may, on the recommendation of the Central

Government, by order, remove the Chairperson of the Commission or President or

any full-time Member of the respective Councils, who––

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central

Government, involves moral turpitude; or

(d) is of unsound mind and stands so declared by a competent court; or

(e) has acquired such financial or other interest as is likely to affect

prejudicially his functions as a Member; or

(f) has so abused his position as to render his continuance in office

prejudicial to public interest; or

Term of office

for Chairperson,

Presidents of

Councils,

Members of

Councils and

nominees of

States and Union

territories.

Filling of casual

vacancies in

Commission or

Councils.

Removal of

Chairperson or

any other

Member of

Commission or

Presidents or

Members of

Councils.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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Declaration by

Chairperson or

any other

Member of

Commission or

Presidents or

Members of

Councils.

Restriction of

reemployment.

Salary,

allowances and

other terms and

conditions of

service of

Presidents and

other full-time

Members of

respective

Councils and

Member

Secretaries of

Commission and

Councils.

Vacancy, etc.,

not to invalidate

proceedings of

Commission or

Councils.

(g) has violated the provisions of this Act or the rules and regulations

made thereunder.

(2) No Member shall be removed under clauses (e), (f) and (g) of

sub-section (1) unless he has been given a reasonable opportunity of being heard in

the matter.

(3) The Chairperson of the Commission, the President or any full-time

Member of the Councils may resign their office by giving in writing to the Central

Government a notice of not less than three months:

Provided that such person may be relieved from duties earlier than three

months or be allowed to continue beyond three months until a successor is

appointed, if the Central Government, so decides.

(4) The other Members of the Commission or the Councils, as the case may

be, shall be removed by the President of India on the recommendations of the

Central Government in such manner as may be prescribed.

25. (1) The Chairperson or any other Member of the Commission or the

Presidents or the Members of the respective Councils shall, immediately after

appointment and every year thereafter, make a declaration to the extent of his

interest, whether direct or indirect and whether pecuniary or otherwise, in any

institution of research or higher educational institution or in any other professional

or financial activity, as may be prescribed.

(2) The declaration so made under sub-section (1), shall be placed in the public

domain by the Commission or Councils, as the case may be.

26. The Chairperson or full-time Members of the Commission or the

Presidents or the full-time Members of the respective Councils shall not, for a period

of two years from the date on which they cease to hold office, accept any

employment in, or connected with their domain of duty as Chairperson or Members

of the Commission, Presidents or full-time Member of the Councils, as the case may

be, under this Act or the rules and regulations made thereunder:

Provided that nothing contained in this section shall apply to any employment

under the Central Government or a State Government or any statutory authority or

any Central or State University or institution:

Provided further that this section shall not be applicable in cases of repatriation

to the parent cadre upon completion of tenure.

27. (1) The salary and allowances payable to, and the other terms and

conditions of service of the Presidents and full-time Members of the respective

Councils and Member Secretaries of the Commission and Councils, other

than ex officio Members, shall be such as may be prescribed:

Provided that the part-time Members of the Commission and respective

Councils shall be entitled to such allowances as may be determined by the Central

Government.

(2) The salary, allowances and other terms and conditions of service of the

Presidents and full-time Members of the respective Councils and Member

Secretaries of the Commission and Councils, shall not be varied to their

disadvantage after their appointment.

28. No act or proceedings of the Commission or the Councils shall be invalid

merely by reason of––

(a) any vacancy in, or any defect in the constitution of the Commission

or the Councils, as the case may be; or

Sec. 2]

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45 of 2023.

(b) any defect in the appointment of a person acting as a Chairperson of

the Commission or President of the Council; or

affecting the merits of the case.

29. The Chairperson and Members of the Commission, and the President and

Members of the respective Councils shall, before entering upon their office, make

and subscribe to an oath of office and of secrecy in such form, manner and before

such authority, as may be prescribed.

30. The head offices of the Commission and the Councils shall be at such

places as may be notified by the Central Government.

31. Subject to such rules as may be made by the Central Government in this

behalf, including the organisation structure, maintenance of lien, tenure of

appointment and recruitment rules, the Commission and each of the Councils shall

have separate Secretariats for the discharge of responsibilities and efficient

performance of its functions under this Act.

32. The Chairperson and Presidents of the Councils, and Members, officers

and employees of the Commission or Councils shall be deemed to be public servants

within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.

CHAPTER VII

CONTRAVENTIONS, PENALTIES AND ADJUDICATION

33. (1) The Regulatory Council may impose penalties on higher educational

institutions for contravention of the provisions of this Act or the rules or regulations

made thereunder, in the following manner, namely:––

(a) if a higher educational institution contravenes the provisions of this

Act or the rules or regulations made thereunder, the Regulatory Council may

issue a notice in writing to such institution and seek clarification for

rectification of mistakes committed by the institution and if such mistake is

not rectified within the period specified in the notice, there shall be imposed a

penalty which shall not be less than ten lakh rupees;

(b) if the higher educational institution again contravenes the provisions

of this Act or the rules or regulations made thereunder, the Regulatory Council

may impose a penalty which shall not be less than thirty lakh rupees, or

recommend to the Central Government or the appropriate State Government

or appropriate body within the higher educational institutions, as the case may

be, for the removal of persons found to be responsible for such contraventions

from the employment, or review the level of autonomy accorded, both

academic and administrative and revise the same, pending rectification of the

violation, or withhold or recommend to the appropriate Government for

withholding from the higher educational institution the grants proposed to

be made;

provisions of this Act or rules and regulations made thereunder, and if such

contravention is a continuing one or persistent, the Regulatory Council may

impose a penalty which shall not be less than seventy-five lakh rupees, or

recommend to the Central Government or appropriate State Government to

suspend or otherwise modify the right to confer certificates, diplomas or

degrees, as the case may be, or advise the affiliating University to revoke the

affiliation of the higher educational institution, or recommend to the Central

Government or appropriate State Government, as the case may be, the closure

or winding up of the higher educational institution and place the

recommendation in the public domain:

Oath of office.

Head offices of

Commission and

Councils.

Secretariats for

Commission and

Councils.

Members, etc.,

to be public

servants.

Penalties.

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Adjudication of

penalties.

Crediting sums

realised by

penalties.

Penalty not to

affect interest of

students.

Appeal against

order or decision

of Commission

or Councils.

Grants by

Central

Government.

Fund of

Commission.

Budget.

Accounts and

audit.

Provided that for the purposes of ascertaining the contravention, the

Regulatory Council may cause an inspection of any higher educational institution

by such person or persons as it may direct:

Provided further that the penalties under clauses (b) and (c) of this sub-section

shall be imposed after giving such higher educational institution a reasonable

opportunity of being heard.

(2) If any person establishes a University or higher educational institution

without the approval of the Central Government or the respective State Government,

such person shall be liable to a penalty which shall not be less than two crore rupees

or such amount as may be specified from time to time along with immediate closure

of such institution in such manner as may be prescribed.

34. For the purposes of adjudging the penalties under this Act, the Regulatory

Council shall set up an adjudicatory mechanism, in such manner as may be prescribed.

35. All sums realised by way of penalties under this Act shall be credited to

the Fund.

36. The Regulatory Council shall take steps to ensure that the imposition of

any penalty under this Act or the rules and regulations made thereunder, does not

affect the interests of the students or cause any monetary repercussions for the

students enrolled therein.

37. Any person aggrieved by any order made by the Commission or any of the

Councils, may prefer an appeal to the Central Government within such period and in

such manner as may be prescribed and the decision of the Central Government thereon

shall be binding on the parties.

CHAPTER VIII

FINANCE, ACCOUNTS AND AUDIT

38. (1) The Central Government may, after due appropriation made by Parliament

by law in this behalf, make to the Commission grants of such sums of money as the

Central Government may think fit for being utilised for the purposes of this Act.

(2) The Commission may make due appropriations to the Councils.

39. (1) The Commission shall have its own Fund to be called the Viksit Bharat

Shiksha Adhishthan Fund and all sums which may, from time to time, be granted to

it by the Central Government and all the receipts of the Commission and the

Councils (including any sum which any State Government or any other authority or

person may deposit) shall be carried to the Fund and all payments by the

Commission and Councils shall be made therefrom.

(2) All moneys belonging to the Fund shall be deposited in such banks or

invested in such manner as may, subject to the approval of the Central Government,

be decided by the Commission.

(3) The Commission may spend such sums as it thinks fit for performing its

functions under this Act, and such sums shall be treated as expenditure payable

out of the Fund and such funds shall be applied for carrying out the provisions of

this Act and any functions assigned by the Central Government to the Commission

and Councils.

40. In each financial year, the Commission shall, in co-ordination with the

Councils, prepare a budget for the next financial year showing the estimated receipts

and expenditure, in such form and within such period as may be prescribed.

41. (1) The Commission shall, in co-ordination with the Councils and in

consultation with the Comptroller and Auditor-General of India, maintain proper

accounts and other relevant records and prepare an annual statement of accounts in

such form and manner as may be prescribed.

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(2) The accounts of the Commission and Councils referred to in

sub-section (1), shall be audited by the Comptroller and Auditor-General of India at

such intervals as may be specified by him and any expenditure incurred in

connection with such audit shall be payable by the Commission.

(3) The Comptroller and Auditor-General of India and any other person

appointed in connection with the audit of the accounts of the Commission

and the Councils shall have the same rights, privileges and authority in

connection with such audit as the Comptroller and Auditor-General of India

generally has, in connection with the audit of the Government accounts and, in

particular, shall have the right to demand the production of books of accounts,

connected vouchers and other documents and papers and to inspect the office

of the Commission.

(4) The accounts of the Commission and the Councils as certified by the

Comptroller and Auditor-General of India or any other person appointed by him in

this behalf, together with the audit report thereon, shall be forwarded by the

Commission annually to the Central Government which shall cause the same to be

laid before each House of Parliament.

42. (1) The Commission shall, in co-ordination with the Councils, furnish to the

Central Government, in such form, manner and within such period as may be prescribed

or as the Central Government may direct, such reports and statements, containing such

particulars in regard to any matter under the jurisdiction of the Commission or

the Councils, as the that Government may, from time to time, require.

(2) The Commission shall, in co-ordination with the Councils, prepare once in

every year, in such form and within such period, as may be prescribed, an annual

report giving a summary of activities of the Commission and the Councils during

the previous year and copies of the reports shall be forwarded to the Central

Government.

(3) A copy of the report received under sub-section (2) shall be laid by the

Central Government, as soon as it may be after it is received, before each House of

Parliament.

(4) The Commission shall place its respective annual report referred to in

sub-section (2) in the public domain as soon as the same is laid before each House

of Parliament.

CHAPTER IX

MISCELLANEOUS

43. (1) The Commission and each of the Councils constituted and established

under this Act, may associate with itself, in such manner and for such purposes as

may be specified by regulations made under this Act in this behalf, with the approval

of Central Government, any person whose assistance or advice it may desire in

carrying out any of the provisions of this Act or the rules and regulations made

thereunder.

(2) A person associated with it by the Commission or the Councils, as the case

may be, under sub-section (1) for any purpose, shall have a right to take part in the

discussions relevant to that purpose, but shall not have a right to vote at a meeting

of the Commission or the Councils, as the case may be, and shall not be a member

for any other purpose.

44. All orders, decisions and other instruments issued by the Commission and

Councils shall be authenticated by the signature of the Member Secretary of the

Commission or Council, as the case may be.

Furnishing of

returns and

reports to

Central

Government.

Temporary

association of

persons with

Commission or

Councils for

particular

purposes.

Authentication

of orders and

other

instruments of

Commission and

of each Council.

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Power of Central

Government to

issue directions.

Delegation of

powers.

Power of Central

Government to

supersede

Commission and

Councils

established

under this Act.

45. (1) In the discharge of its functions under this Act, each body constituted

or established under this Act, shall be bound by such directions on questions of

policy, as the Central Government may give in writing to such body from

time to time.

(2) In case of a disagreement between the Central Government and any of the

bodies constituted or established under this Act as to whether a question is or is not

a question of policy, the decision of the Central Government shall be final.

(3) The Central Government may direct the Commission or the Councils to

perform such other functions as it deems fit.

46. The Commission or the Councils, as the case may be, may, by notification,

delegate to any Member or Member Secretary, subject to such conditions, if any, as

may be specified in such notification, such of its powers and functions under

this Act (except the power to make regulations under section 51) as it may

deem necessary.

47. (1) If at any time the Central Government is of the opinion that―

(a) the Commission or any of the Councils is unable to discharge

the functions and duties imposed on it by or under the provisions of

this Act; or

(b) the Commission or the Councils, as the case may be, established

under this Act has persistently made default in complying with any direction

given by the Central Government under this Act or in the discharge of the

functions and duties imposed on it by or under the provisions of this Act,

the Central Government may, with the prior approval of the President of India, by

order published in the Official Gazette, supersede the Commission or the Councils,

as the case may be, for such period, not exceeding six months, as may be specified

in the order:

Provided that before issuing any such order, the Central Government shall give

an opportunity to the Commission or the Councils, as the case may be, to show cause

as to why it should not be superseded and shall consider the explanations and

objections, if any, of the Commission or the Councils, as the case may be.

(2) Upon the publication of an order under sub-section (1) superseding the

Commission or the Councils, as the case may be,––

(a) the Chairperson of the Commission, or the Presidents of the Councils

and other Members of the Commission or the Councils, as the case may be,

shall, as from the date of supersession, vacate the offices as such;

(b) all the powers, functions and duties which may, by or under the

provisions of this Act, be exercised or discharged by or on behalf of the

Commission or the Councils shall, until the Commission or the Councils, as

the case may be, is reconstituted as per the provisions of this Act, be exercised

and discharged by the Central Government or such person or persons as that

Government may direct; and

Councils, as the case may be, shall, until such body is reconstituted, remain

vested in the Central Government.

(3) On the expiration of the period of supersession specified in the order issued

under sub-section (1), the Central Government may––

(a) extend the period of supersession for such further term not exceeding

six months, as it may consider necessary; or

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(b) reconstitute the Commission or the Councils, as the case may be, by

fresh appointment and in such case, the Members who vacated their offices

under clause (a) of sub-section (2) shall not be deemed disqualified for

appointment:

Provided that the Central Government may, at any time before the

expiration of the period of supersession, whether as originally specified under

sub-section (1) or as extended under this sub-section, take action under

clause (b) of this sub-section.

(4) The Central Government shall cause an order issued under sub-section (1)

and a complete report of any action taken under this section and the circumstances

leading to such action to be laid before each House of Parliament, while the

Parliament is in session, for a total period of thirty days which may be comprised in

one session or in two or more successive sessions.

48. No suit, prosecution, or other legal proceedings shall lie against any office

bearer or officer or employee of the Commission or Council, as the case may be, for

anything which has been done or intended to be done in good faith under this Act.

49. The provisions of this Act shall have effect irrespective of anything

inconsistent therewith contained in any other law for the time being in force:

Provided that the institutional autonomy and independence accorded to the

Institutions of national importance and the institutions of eminence shall remain

duly protected in the manner as may be specified through regulations with the prior

approval of the Central Government.

50. (1) The Central Government may, by notification, and subject to the

condition of previous publication, make rules for carrying out the provisions of

this Act.

(2) In particular, and without prejudice to the generality of the foregoing

powers, such rules may provide for all or any of the following matters, namely:––

(a) the other functions of the Commission under clause (l) of section 9;

(b) the other functions of the Regulatory Council under clause (r) of

sub-section (2) of section 11;

establish constituent college, off-campuses and multiple campuses under

sub-section (2) of section 12;

(d) the other functions of the Accreditation Council under clause (i) of

sub-section (2) of section 14;

(e) the other functions of the Standards Council under clause (k) of

sub-section (2) of section 16;

(f) the manner in which other Members of the Commission and the

Councils shall be appointed by the President of India on the recommendations

of the Central Government under sub-section (2) of section 20;

(g) the manner in which Member Secretary of the Commission and

Councils shall be appointed by the Central Government under sub-section (3)

of section 20;

(h) the term of the Search-cum-Selection Committee and the manner of

selection of panel of names under sub-section (2) of section 21;

(i) the manner and period of inquiry for removal of Chairperson,

President and full-time Members of the respective Councils under

sub-section (1) of section 24;

Protection of

action taken in

good faith.

Act to have

overriding

effect.

Power to make

rules.

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Power to make

regulations.

(j) the manner in which other Members of the Commission or the

Councils, as the case may be, may be removed by the Central Government

under sub-section (4) of section 24;

(k) the manner in which declaration shall be made by the Chairperson or

any other Member of the Commission or the President or the Members of the

respective Councils under sub-section (1) of section 25;

(l) the salary and allowances payable to, and the other terms and

conditions of service of the Presidents and full-time Members of the

respective Councils and Member Secretary of the Commission and the

Councils, under sub-section (1) of section 27;

(m) the form, manner, and authority before which the Chairperson and

Members of the Commission and Presidents of the Councils and its Members

shall before entering upon their office, make and subscribe to an oath of office

and of secrecy under section 29;

(n) the Secretariats for the Commission and Councils under section 31;

(o) the manner for closure of such higher educational institution

established without the approval of the Central Government or appropriate

State Government under sub-section (2) of section 33;

(p) the manner of setting up of adjudicatory mechanism by the

Regulatory Council under section 34;

(q) the period and manner for preferring an appeal against the order of

the Commission or any of the Councils before the Central Government under

section 37;

(r) the form and period at which the budget is to be prepared by the

Commission under section 40;

(s) the form and manner in which the Commission shall maintain

accounts and other relevant records and prepare an annual statement of

accounts under sub-section (1) of section 41;

(t) the form, manner and period within which the Commission shall

furnish to the Central Government reports and statements under

sub-section (1) of section 42;

(u) the form and period at which the Commission in co-ordination with

the Councils shall prepare, once in every year, an annual report under

sub-section (2) of section 42;

(v) any other matter to be provided by rules for carrying out the

provisions of this Act.

(3) The power to make rules under this section shall include the power to make

such rules or any of them retrospectively from a date not earlier than the date on

which this Act shall come into force but no such retrospective effect shall be given

to any such rule so as to prejudicially affect the interests of any person to whom

such rule may be applicable.

51. (1) The Commission or the respective Council, as the case may be, may

by notification and subject to the condition of previous publication, make

regulations not inconsistent with the provisions of this Act and the rules made

thereunder for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such regulations may provide for all or any of the following matters,

namely:––

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(a) the procedure in regard to transaction of business at meetings of the

Commission (including quorum at such meetings) under sub-section (1) of

section 8;

(b) the manner to invite such experts as may be determined by the

Regulatory Council as “special invitees” for their meetings under

sub-section (5) of section 10;

sub-section (2), other than clauses (d), (e), (j), (o), (p), (q) and (r), under

sub-section (3) of section 11;

(d) the manner of authorisation for accredited higher educational

institutions, other than a University, to grant degrees under sub-section (4) of

section 11;

(e) the procedure in regard to transaction of business at meetings of the

Regulatory Council (including quorum at such meetings) under

sub-section (6) of section 11;

(f) the manner to invite such experts as may be determined by the

Accreditation Council as ‘special invitees’ for their meetings under

sub-section (5) of section 13;

(g) the functions of the Accreditation Council under clauses referred to

in sub-section (2), other than clauses (f), (g), (h) and (i), under sub-section (3)

of section 14;

(h)

specifying the Institutional Accreditation Framework under

sub-section (4) of section 14;

(i) the procedure in regard to transaction of business at meetings of the

Accreditation Council (including quorum at such meetings) under

sub-section (6) of section 14;

(j) the manner to invite such experts as may be determined by the

Standards Council as special invitees for their meetings under sub-section (5)

of section 15;

(k) the functions of the Standards Council under clauses referred to in

sub-section (2), other than clauses (b), (c), (h), (i), (k) and (l) under

sub-section (3) of section 16;

(l) the procedure in regard to transaction of business at meetings of the

Standards Council (including quorum at such meetings) under sub-section (4)

of section 16;

(m) the manner and purposes for which the Commission and Councils

may associate with such persons for assistance or advice under sub-section (1)

of section 43;

(n)

the manner for protecting the institutional autonomy and

independence accorded to the Institutions of national importance and the

institutions of eminence under section 49.

(3) All regulations made under this Act pertaining to co-ordination and

determination of standards in higher educational institutions require compliance by

all higher educational institutions, to enable high standards of quality and excellence

in higher educational institutions subject to the regulations made under clause (n)

and the rules made under clause (a) of sub-section (2) of section 50.

52. Every rule and every regulation made and every notification issued

under this Act shall be laid, as soon as may be after it is made and issued, before

each House of Parliament, while it is in session, for a total period of thirty days

which may be

Laying before

Parliament.

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Power to remove

difficulties.

Transitional

provision.

Repeal and

savings.

comprised in one session or in two or more successive sessions, and if, 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 regulation

or notification or both Houses agree that the rule or regulation or notification

should not be made or issued, the rule or regulation or notification 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 or regulation or

notification.

53. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Central Government may, by order published in the Official Gazette, make such

provisions, not inconsistent with the provisions of this Act, as appear to it to be

necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiry of a

period of three years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after

it is made, before each House of Parliament.

54. (1) The University Grants Commission, the All India Council for

Technical Education and the National Council for Teacher Education established

under the University Grants Commission Act, 1956, the All India Council for

Technical Education Act, 1987 and the National Council for Teacher Education Act,

1993 respectively shall continue to be in force and operate, till the Commission and

Councils are established under this Act.

(2) Until appointment of the Chairperson of the Commission, Presidents and

full-time Members of the respective Councils, Member Secretary of the

Commission and the Councils and such other Members takes effect, the Central

Government shall, as a transitory measure, by notification, appoint the first

Chairperson of the Commission, the President and full-time Members of the

respective Councils, Member Secretary of the Commission and the Councils and

such other Members, for a period of two years or till the constitution of the

Commission and the Councils under the provisions of this Act, whichever is earlier.

(3) The institutions presently regulated by the University Grants Commission,

the All India Council for Technical Education and the National Council for Teacher

Education, shall be continued and shall always be deemed to have been continued,

as if the provisions of the University Grants Commission Act, 1956, the All India

Council for Technical Education Act, 1987 and the National Council for Teacher

Education Act, 1993, had been in force at all material times.

55. (1) With effect from such date as the Central Government may, by

notification, appoint in this behalf, the University Grants Commission Act, 1956,

the All India Council for Technical Education Act, 1987 and the

National Council for Teacher Education Act, 1993 shall stand repealed and the

University Grants Commission, All India Council for Technical Education

and the National Council for Teacher Education established under these Acts shall

stand dissolved.

(2)

Notwithstanding the repeal of the enactments referred to in

sub-section (1),––

(a) the educational standards, requirements and other provisions of the

University Grants Commission, the All India Council for Technical Education

and the National Council for Teacher Education and the rules and regulations

made thereunder shall continue to be in force and operate till new standards or

requirements are specified under this Act or the rules and regulations made

thereunder:

3 of 1956.

52 of 1987.

17 of 1993.

3 of 1956.

52 of 1987.

17 of 1993.

3 of 1956.

52 of 1987.

17 of 1993

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3 of 1956.

Provided that anything done or any action taken as regards the

educational standards and requirements under the enactments under repeal and

the rules and regulations made thereunder, shall be deemed to have been done

or taken under the corresponding provisions of this Act and shall continue in

force accordingly unless and until superseded by anything done or by any

action taken under this Act:

Provided further that the institutions of higher education under section 3

of the University Grants Commission Act, 1956 shall be deemed to have been

the institutions under this Act and all the provisions of this Act shall apply to

such institutions;

(b) any reference to the said enactments in any law for the time being in

force shall be construed to be a reference to this Act;

Council for Technical Education and National Council for Teacher Education

in any law or rule or regulation or any contract or other instrument for the time

being in force, shall be construed as a reference to the Commission or any of

the Councils constituted and established under this Act, as may be decided by

the Commission;

(d) all property, movable and immovable, of or belonging to the

University Grants Commission, All India Council for Technical Education

and National Council for Teacher Education shall vest in the Commission or

any of the Councils, as may be decided by the Central Government;

(e) all rights and liabilities of the University Grants Commission,

All India Council for Technical Education and National Council for

Teacher Education shall be transferred to, and be the rights and

liabilities of the Commission or any of the Councils constituted or

established under this Act and shall vest upon the Commission or Council, as

the case may be.

(3) The repeal of the said enactments shall not affect the proceedings pending

in various courts or tribunals immediately before the commencement of this Act,

under any of the said enactments and such proceedings shall be carried on and

disposed of as if those enactments subsist notionally.

(4) On the dissolution of the University Grants Commission, All India Council

for Teacher Education and the National Council for Teacher Education, the

Chairperson, Vice-Chairperson and other Members of these bodies holding office

as such immediately before such dissolution shall vacate their respective offices and

such Chairperson, Vice-Chairperson and other Members shall be entitled to claim

compensation not exceeding three months’ pay and allowances for premature

termination of their office or of any contract of service.

(5) On and from the date of commencement of this Act, every person

employed on a regular basis by the University Grants Commission, All India

Council for Technical Education or National Council for Teacher Education, as the

case may be, immediately before the commencement of this Act shall be deemed to

be employed by the Commission or any of the Councils, as may be decided

by the Commission, by the same tenure, at the same remuneration and

upon the same terms and conditions and with the same rights and

privileges as to pension, leave, gratuity, provident fund and other

matters as he would have held the same, if this Act had not been enacted

and shall continue to do so unless and until his employment is terminated or until

such tenure, remuneration and terms and conditions are duly altered by the

rules or regulations:

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STATEMENT OF OBJECTS AND REASONS

Entry 66 of the Union List (List I) in the Seventh Schedule to the Constitution

of India provides for the co-ordination and determination of standards in institutions

for higher education or research and scientific and technical institutions.

Accordingly, the University Grants Commission was established under the

University Grants Commission Act, 1956 for the coordination and determination of

standards in Universities.

2. Subsequently the size, scale and complexities of higher education sector in

India have increased manifold with over one thousand Universities and more than

sixty thousand higher educational institutions, with more than four crore students

enrolled therein. The expansion of higher education system has also seen

establishment of several statutory regulatory bodies, requiring multiple approvals

by higher educational institutions, inspections, etc., resulting in over-regulation of

the sector and duplication of control. There exists a strong need for providing

simplified regulatory systems for higher educational institutions in the country.

3. The National Education Policy (NEP), 2020 envisions the revision and

revamping of all aspects of the education structure, including its regulation and

governance, to create a new system that is aligned with the aspirational goals of 21st

century education, including Sustainable Development Goal 4 (SDG4), while

building upon the traditions and value systems of our nation.

4. Further, the NEP, 2020 considers that the regulatory system is in need of a

complete overhaul in order to re-energise the higher education sector and enable it

to thrive. The NEP, 2020 envisions a “light but tight” regulatory framework to

ensure integrity, transparency and resource efficiency of the educational system

through audit and public disclosure while encouraging innovation and out-of-the-

box ideas through autonomy, good governance and empowerment.

5. Accordingly, after due consideration of the vision of the NEP, 2020,

analysis and suitable adaption of the global best practices in the field of higher

education, it is proposed to introduce a legislation, namely, the Viksit Bharat

Shiksha Adhishthan Bill, 2025 in Parliament.

6. The Viksit Bharat Shiksha Adhishthan Bill, 2025 provides for the

constitution of a Viksit Bharat Shiksha Adhishthan along with the three Councils,

namely, the Viksit Bharat Shiksha Viniyaman Parishad (the Regulatory Council),

the Viksit Bharat Shiksha Gunvatta Parishad (the Accreditation Council) and the

Viksit Bharat Shiksha Manak Parishad (the Standards Council) to enable and

empower Universities and other higher educational institutions to achieve

excellence in teaching, learning, research and innovation, as an outcome of better

co-ordination and determination of standards in institutions for higher education or

research and scientific and technical institutions.

7. The Bill further provides for repealing the University Grants Commission

Act, 1956, the All India Council for Technical Education Act, 1987 and the National

Council for Teacher Education Act, 1993.

8. The Bill also proposes that the Council of Architecture (CoA), established

under the Architects Act, 1972 will function as a Professional Standard Setting Body

(PSSB), as envisioned in the NEP, 2020. The CoA will have representation in all

the three Councils proposed to be established under the proposed legislation. As the

Member of the Standards Council, the CoA will participate in framing the curricula,

laying down academic standards and co-ordinating between teaching, research and

extension of its domain or discipline. Thus, CoA would set the standards or

expectations in its particular field of learning and practice while having no

regulatory role.

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9. The Viksit Bharat Shiksha Adhishthan will be an apex umbrella body to

provide direction for comprehensive and holistic growth of higher education and

ensure co-ordination between the Councils. The Standards Council shall ensure

synchronisation and determination of academic standards in higher educational

institutions, the Regulatory Council shall ensure co-ordination and maintenance of

standards in higher educational institutions, while the Accreditation Council shall

be an accrediting body to supervise and oversee an independent ecosystem of

accreditation.

10. Membership of the Viksit Bharat Shiksha Adhishthan and the Councils

primarily includes academicians, domain experts and representatives from States,

Union territories, State higher educational institutions and Institutions of national

importance.

11. The Viksit Bharat Shiksha Adhishthan will pave the path for

Atmanirbharta in higher education sector and create a talent pool of students who

will help the country in achieving the vision towards Viksit Bharat. This will

facilitate empowerment of youth by developing critical and innovative thinking

leading to holistic development, provide opportunities for inter-disciplinary and

flexible education thus permitting continuous reskilling and upskilling. The students

will also have access to fair, transparent and robust grievance redressal mechanism.

The Bill will thus make our present and upcoming generations future ready.”.

12. The Bill will bring in the required regulatory reforms to usher in an era of

autonomy of well performing higher educational institutions. The present

challenges faced by higher educational institutions due to multiplicity of regulators

having non-harmonised regulatory approval protocols will be done away with. The

entire system of regulation will be executed through technology driven single

window interactive system for higher educational institutions based upon public self

disclosure. The Regulatory Council will maintain a public portal wherein the higher

educational institutions will be required to report all matters pertaining to financial

probity, good governance, all finances, audits, procedures, infrastructure, faculty

and staff, courses and educational outcomes. The information provided on the public

portal of the Regulatory Council will also be the basis for accreditation of the higher

educational institutions.

13. The Bill will facilitate establishment of global standard higher educational

institutions in the country and significantly improve the Growth Enrolment Ratio

(GER) of the country.

14. The Notes on clauses explain in detail the various provisions contained in

the Bill.

15. The Bill seeks to achieve the above objectives.

DHARMENDRA PRADHAN.

NEW DELHI;

The 12th December, 2025.

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Notes on clauses

Clause 1 of the Bill seeks to provide for short title and commencement of the

proposed legislation.

Clause 2 of the Bill seeks to provide for application of the proposed

legislation. The proposed legislation applies to (a) all Institutions of national

importance established by an Act of Parliament, under the administrative purview

of the Ministry of Education in the Government of India; (b) such other Institutions

of national importance, established by an Act of Parliament, as may be notified by

the Central Government in the Official Gazette; (c) Universities in India, established

or incorporated by or under a Central Act or a State Act or any other institution

declared as a deemed to be University by any notification by the Ministry of

Education, Department of Higher Education in the Government of India under the

provisions of section 3 of the University Grants Commission Act, 1956, before this

Act came into force; (d) colleges and such other higher educational institutions

affiliated with the Universities or higher educational institutions falling under the

purview of this Act; (e) institutions regulated under the Architects Act, 1972;

(f) institutions regulated under the All India Council for Technical Education Act,

1987; (g) institutions regulated under the National Council for Teacher Education

Act, 1993; (h) institutions of open and distance learning, online education and digital

education recognised by the University Grants Commission; (i) institutions of

eminence; (j) institutions regulated by such other Professional Councils as may be

notified by the Central Government; and (k) other programmes and institutions as

may be notified by the Central Government.

Clause 3 of the Bill seeks to provide for definition of certain expressions used

in the proposed legislation.

Clause 4 of the Bill seeks to provide aims and purposes of the proposed

legislation i.e., for an effective, enabling and responsive system of regulation to

encourage integrity, excellence and public-spiritedness in higher education.

Clause 5 of the Bill seeks to provide for constitution of Viksit Bharat Shiksha

Adhishthan (the Commission) to exercise the powers conferred upon, and perform

the functions assigned to it.

Clause 6 of the Bill seeks to provide for composition of the Commission. The

Commission shall consist of a Chairperson and other Members not exceeding twelve

in number. Of the twelve members, two shall be eminent and distinguished

academicians not below the rank of professor from the State Higher Educational

Institutions and five shall be eminent experts.

Clause 7 of the Bill seeks to provide for the responsibility of the Chairperson

and Member Secretary of the Commission.

Clause 8 of the Bill seeks to provide for meetings of the Commission and

procedure to be followed at the meetings. The Commission may invite, as special

invitees, the Heads of such other bodies as the Commission deems fit, provided that

when the Commission is deciding upon a matter pertaining to the exclusive domain

of any specific Professional Body, the Commission may invite nominees of the said

Body.

Clause 9 of the Bill seeks to provide for functions of the Commission which

inter alia, include—(a) provide high level strategic direction for comprehensive and

holistic growth of higher education and research in a competitive global

environment; (b) develop a roadmap for transforming higher educational institutions

into large multi-disciplinary education and research institutions; (c) develop a

roadmap for promoting India as an education destination; (d) develop a roadmap

for integration and promotion of Bharatiya knowledge, languages and arts across

the multi-disciplinary higher education system; (e) provide strategic direction for

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synergistic functioning of the Councils established under the proposed legislation

and ensure coordination between them; (f) provide financial support for proper

functioning of the Councils; and (g) formulate and suggest such schemes to the

Central Government for improvement of quality of education.

Clause 10 of the Bill seeks to provide for establishment of Viksit Bharat

Shiksha Viniyaman Parishad (Regulatory Council), under the proposed legislation,

which shall function as the common regulator of higher education in India.

Clause 11 of the Bill seeks to provide for the functions of Regulatory Council

which inter alia, include—(a) require that all higher educational institutions attain

full accreditation and thereby autonomy in a graded manner, to transform the current

higher education sector into one comprising autonomous, vibrant and empowered

multidisciplinary higher educational institutions with high-quality education,

research, and service including integrated vocational education, training and skilling

programs; (b) require full online and offline public self-disclosure of all finances,

audits, procedures, infrastructure, faculty, courses, educational outcomes and

accreditation-related information by higher educational institutions on a public

website maintained by the Regulatory Council and on the websites of institutions;

educational institutions are conducted lawfully and reported truthfully and

transparently on the public website maintained by Regulatory Council and on the

websites of institutions; (d) take swift corrective action in not later than sixty days

in cases of dishonest public self-disclosure or any other academic, administrative or

financial impropriety; (e) require that students have free access to a fair, transparent

and robust grievance redressal mechanism; (f) dispose of complaints or grievances

received against the higher educational institutions from the stakeholders;

(g) require that the minimum standards for setting up and operation of higher

educational institutions as determined by the Standards Council are complied with;

(h) develop a model and roadmap for setting up and operation of higher educational

institutions; (i) specify standards for select foreign universities to operate in India,

with the prior approval of the Central Government; and (j) facilitate high performing

Indian Universities to set up campuses in other countries, with the prior approval of

the Central Government.

Clause 12 of the Bill seeks to provide for establishment of constituent

colleges, off-campuses and multiple campuses.

Clause 13 of the Bill seeks to provide for establishment of the Viksit Bharat

Shiksha Gunvatta Parishad (Accreditation Council) which shall consist of a

President and other Members not exceeding fourteen in number. Of the fourteen

members, two shall be eminent and distinguished academicians, not below the rank

of Professor; two shall be eminent and distinguished academician, not below the

rank of Professor from a State Higher Educational Institutions; one person shall be

representing the Council of Architecture; three shall be eminent and distinguished

academician not below the rank of Professor from the Institutions of national

importance; and two shall be eminent experts.

Clause 14 of the Bill seeks to provide for functions of the Accreditation

Council. The Accreditation Council shall function as an accrediting body to

supervise and oversee independent ecosystem of accreditation. The functions of

Accreditation Council shall inter alia, include—(a) develop an outcome based

Institutional Accreditation Framework in consultation with relevant stakeholders,

which shall be used to assess and accredit higher educational institutions leading to

accreditation with or without open and distance learning, online or digital learning,

or any other form of learning, as the case may be; (b) carry out accreditation using

technology driven systems operated through the public website referred to in

clause (b) of sub-section (2) of section 11; (c) empanel and de-empanel accrediting

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institutions, as the case may be, to develop a high-quality and high-integrity

accreditation system with adequate capacity to meet the requirements for

accreditation of higher educational institutions; (d) monitor and review the

performance of accrediting institutions; (e) compile and disseminate all

accreditation related information regarding the accreditation of higher educational

institutions to the public including stakeholders for ensuring the highest degree of

probity is maintained through complete transparency; and (f) recommend to the

Regulatory Council for imposition of penalties referred to in section 33 for

contravention of the matters relating to accreditation of higher educational

institutions.

Clause 15 of the Bill seeks to provide for establishment of the Viksit Bharat

Shiksha Manak Parishad (Standards Council) which shall consist of a President and

other Members not exceeding fourteen in number. Of the fourteen Members, two

shall be eminent and distinguished academicians not below the rank of Professor;

one shall be eminent and distinguished academician not below the rank of Professor,

from a State Higher Educational Institution; one shall be nominee of States and

Union territories, on a rotation basis; one person shall be representing the Council

of Architecture; three shall be eminent and distinguished academician not below the

rank of Professor from the Institutions of national importance; and two shall be

eminent experts.

Clause 16 of the Bill seeks to provide for functions of the Standards Council

which shall inter alia, include—(a) frame expected learning outcomes (also referred

to as ‘graduate attributes’) for higher education programmes which may guide

higher educational institutions; (b) provide guiding principles for learning

outcomes, to ease the integration of vocational education into higher education;

educational qualifications, other than “Doctor of Philosophy”, “degree”, “diploma”

and “certificate”, which may be awarded by any higher educational institution, in

consultation with the Central Government; (d) provide the norms for credit transfers,

equivalence and other related matters to facilitate mobility of students; (e) develop

a suggested broad framework of higher education qualifications for institutions and

programmes and across the open and distance learning, online, and the traditional

‘in-class’ modes, within which institutions and faculty shall have the autonomy to

innovate on matters of curriculum, pedagogy, and assessment; (f) promote quality

of academic instruction and determine minimum academic standards in higher

educational institutions; (g) lay down clear minimum standards for setting up and

operation of higher educational institutions; (h) develop a perspective plan for

determination of academic standards in higher educational institutions; and

(j) perform such other functions as may be prescribed by rules.

Clause 17 of the Bill seeks to provide for empowerment of University or an

Institution specially empowered by an Act of Parliament, to confer or grant degrees,

or a higher educational institution empowered under this proposed legislation.

Clause 18 of the Bill seeks to provide for the Chairperson of the Commission

shall be a person of eminence and reputation to be appointed in honorary capacity

by the President of India on the recommendations of the Central Government.

Clause 19 of the Bill seeks to provide for qualification for appointment as

Presidents and Full-time members of Councils.

Clause 20 of the Bill seeks to provide for appointment of Presidents and

Members of Councils and Member-Secretary of Commission and Councils. The

Presidents and full-time members of the Councils shall be appointed by the

President of India on the recommendations of a Search-cum-Selection Committee.

Clause 21 of the Bill seeks to provide for composition of Search cum selection

Committee. The Committee shall consist of two eminent experts nominated by the

Central Government and the Secretary to the Government of India in the Ministry

or Department dealing with Higher Education as an ex officio Member.

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Clause 22 of the Bill seeks to provide for term of office for Chairperson of the

Commission, Presidents of each of the Councils, Members of the Commission and

Councils, and nominees of States and Union territories with respect to Regulatory

Council and Standards Council.

Clause 23 of the Bill seeks to provide for filling of casual vacancies in

Commission or Councils.

Clause 24 of the Bill seeks to provide for removal of Chairperson of

Commission or any other Member of Commission or Presidents of Councils or

Members of Councils.

Clause 25 of the Bill seeks to provide for declaration by Chairperson or any

other Member of Commission or Presidents or Members of Councils after

appointment and every year thereafter to the extent of his interest, whether direct or

indirect and whether pecuniary or otherwise, in any institution of research or higher

education institution or in any other professional or financial activity.

Clause 26 of the Bill seeks to provide restriction on Chairperson or full-time

Members of the Commission or the Presidents or the full-time Members of the

Councils to accept any employment in, or connected with their domain of duty as

Chairperson or Members of the Commission, Presidents or full-time Member of the

Council, as the case may be, for a period of two years from the date on which they

cease to hold office.

Clause 27 of the Bill seeks to provide for Salary, allowance, and other terms

and conditions of service of Presidents and other full-time Members of respective

Councils and Member-Secretary of Commission and Councils.

Clause 28 of the Bill seeks to provide for no act or proceeding of the

Commission shall be invalid merely by the reason of any vacancy or any defect in

the constitution of the Commission or the Councils or any defect in the appointment

of a person action as a Chairperson of the Commission or President of the Council

or any irregularity in the procedure of the Commission or Councils not affecting the

merits of the case.

Clause 29 of the Bill seeks to provide for making and subscribing to an oath

of office and of secrecy by the Chairperson and Members of the Commission, and

the President and Members of the respective Councils before entering upon their

office.

Clause 30 of the Bill seeks to provide for head offices of the Commission and

the Councils.

Clause 31 of the Bill seeks to provide for separate secretariats for the

Commission and each of the Councils for the efficient performance of their

functions.

Clause 32 of the Bill seeks to provide for the Chairperson and Presidents of

the Councils, and Members, officers and employees of the Commission or Councils

shall be deemed to be public servants.

Clause 33 of the Bill seeks to provide for imposition of penalties by the

Regulatory Council for contravention of the provisions of this proposed legislation,

or the rules or the regulations made thereunder.

Clause 34 of the Bill seeks to provide for adjudication of the penalties under

this proposed legislation and for the said purpose the Regulatory Council shall set

up an adjudicatory mechanism, as may be prescribed by the rules.

Clause 35 of the Bill seeks to provide for crediting of all sums realised by way

of penalties under the proposed legislation to the Fund.

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Clause 36 of the Bill seeks to provide for the Regulatory Council to take steps

to ensure that the imposition of any penalty under the proposed legislation does not

affect the interests of students or because any monetary repercussions for the

students enrolled therein.

Clause 37 of the Bill seeks to provide for appeal against the order or decision

of the Commission or any of the Councils to the Central Government within such

period and in such manner, as may be prescribed by the rules and such decision shall

be binding on the parties.

Clause 38 of the Bill seeks to provide for the grant by the Central Government

may, after due appropriation made by the Parliament by law in this behalf, of such

sums of money to the Commission, as the Government may think fit for being

utilised for the purposes of the proposed legislation and the Commission may make

due appropriation to the Councils.

Clause 39 of the Bill seeks to provide for the Fund of the Commission to be

called as the Viksit Bharat Shiksha Adhishthan Fund and all sums which may, from

time to time, be granted to it by the Central Government and all the receipts of the

Commission and the Councils shall be carried to the Fund and payments by the

Commission and the Councils shall be made therefrom and the Commission may

spend such sums as it thinks fit for performing its functions under the proposed

legislation.

Clause 40 of the Bill seeks to provide for preparation of budget by the

Commission in coordination with the Councils in respect of the next financial year

showing the estimated receipts and expenditure.

Clause 41 of the Bill seeks to provide for maintenance of proper accounts of

the Commission in coordination with the Councils in consultation with the

Comptroller and Auditor-General of India. The accounts of the Commission and the

Councils as certified by the Comptroller and Auditor-General of India or any other

person appointed by him in this behalf, together with the audit report thereon, shall

be forwarded by the Commission annually to the Central Government which shall

cause the same to be laid before each House of Parliament.

Clause 42 of the Bill seeks to provide for furnishing of returns on reports and

statements, containing such particulars in regard to any matter under the jurisdiction

of the Commission or the Councils to the Central Government, as the Central

Government may, from time to time, require. The Commission in coordination with

the Councils shall prepare once in every year, an annual report giving a summary of

activities of the Commission and the Councils during the previous year and forward

the copy of report to the Central Government which shall be laid before each House

of Parliament.

Clause 43 of the Bill seeks to provide for temporary association of persons

with Commission or Councils for particular purposes as may be specified by

regulations made under the proposed legislation, with the approval of Central

Government and such persons shall have a right to take for in the discussion relevant

to that purpose but shall not have a right to vote a meeting of the Commission or the

Councils, as the case may be, and shall not a Member for any other purpose.

Clause 44 of the Bill seeks to provide for all orders, decisions and other

instruments issued by the Commission and Councils shall be authenticated by the

signature of the Member Secretary of the Commission or Council, as the case

may be.

Clause 45 of the Bill seeks to provide for the power of the Central Government

to issue direction to the Commission on questions of policy.

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Clause 46 of the Bill seeks to provide for the delegation of powers and

functions by the Commission or the Councils to any Member or Member Secretary,

except the power to make regulations under section 51.

Clause 47 of the Bill seeks to provide for power of the Central Government to

supersede Commission and Councils established under this proposed legislation. If

the Central Government is of the opinion that the Commission or any of the Councils

is unable to discharge the functions and duties imposed on it by or under the

provisions of this proposed legislation, or the Commission or the Councils has

persistently made default in complying with any direction given by the Central

Government under this proposed legislation or in the discharge of the functions and

duties imposed on it by or under the provisions of this proposed legislation, the

Central Government may, with the prior approval of the President of India, by order

published in the Official Gazette, supersede the Commission or the Councils, as the

case may be, for such period, not exceeding six months, as may be specified in

the order.

Clause 48 of the Bill seeks to provide for protection to the office bearer or

officer of the Commission or Council for anything which has been done or intended

to be done in good faith under the proposed legislation.

Clause 49 of the Bill seeks to provide for the provisions of the proposed

legislation shall have effect irrespective of anything inconsistent therewith

contained in any other law for the time being in force.

Clause 50 of the Bill seeks to provide for power of the Central Government to

make rules, subject to the condition of previous publication, not inconsistent with

the provisions of this Act for carrying out the provisions of this proposed legislation.

Clause 51 of the Bill seeks to provide for the power of the Commission or the

respective Councils, subject to the condition of previous publication, to make

regulations consistent with the provisions of this Act and the rules made thereunder

for carrying out the purposes of this proposed legislation.

Clause 52 of the Bill seeks to provide for laying of every rule and regulation

made and every notification issued under the proposed legislation before each

Houses of Parliament.

Clause 53 of the Bill seeks to provide for the power of the Central Government

to remove difficulties by order published in the Official Gazette if any difficulty

arises in giving effect to the provisions of this proposed legislation before the expiry

of a period of three years from the commencement of the proposed legislation.

Clause 54 of the Bill seeks to provide for transitional provisions. Until

appointment of the Chairperson of the Commission, Presidents and full-time

Members of the respective Councils, Member Secretary of the Commission and the

Councils and such other Members takes effect, the Central Government shall, as a

transitory measure, by notification, appoint the first Chairperson of the

Commission, the President and full-time Members of the respective Councils,

Member Secretary of the Commission and the Councils and such other Members,

for a period of two years or till the constitution of the Commission and the Councils

under the provisions of this Act, whichever is earlier. The University Grants

Commission (UGC), the All India Council for Technical Education (AICTE) and

the National Council for Teacher Education (NCTE) established under the

University Grant Commission Act, 1956, the All India Council for Technical

Education Act, 1987 and the National Council for Teacher Education Act, 1993

respectively shall continue to be in force and operate, till the Commission and

Councils are established under this proposed legislation.

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FINANCIAL MEMORANDUM

Sub-clause (1) of clause 5 of the Bill provides for constitution of the Viksit

Bharat Shiksha Adhishthan (the Commission) to exercise the powers conferred

upon, and perform the functions assigned to it.

Sub-clause (1) of clause 10 provides for establishment of a Viksit Bharat

Shiksha Viniyaman Parishad (Regulatory Council) which shall function as the

common regulator of higher education in India.

Sub-clause (1) of clause 13 provides for establishment of Viksit Bharat

Shiksha Gunvatta Parishad (Accreditation Council) which shall function as an

accrediting body to supervise and oversee independent ecosystem of accreditation.

Sub-clause (1) of clause 15 provides for establishment of a Viksit Bharat

Shiksha Manak Parishad (Standards Council) which shall take all such steps as it

may think fit for the determination of academic standards in higher educational

institutions for higher education.

Clause 20 provides for appointment of Presidents and Members of Councils,

Members of the Commission and Member Secretaries of Commission and Councils.

Clause 27 provides for salaries and allowances of the Presidents and full-time

Members of the Councils and Member Secretaries of the Commission and the

Councils.

Clause 31 provides for separate secretariats of the Commission and each of

the Councils for the discharge of responsibilities and efficient performance of its

functions under this Act.

Sub-clause (1) of clause 38 provides for grants by the Central Government to

the Commission, after due appropriation made by Parliament by law in this behalf.

Clause 39 provides that the Commission shall have its own Fund to be called

the Viksit Bharat Shiksha Adhishthan Fund. The funds shall be applied for carrying

out provisions of this Act and any functions assigned by the Central Government to

the Commission and Councils thereunder.

Sub-clause (2) of clause 55, inter alia, provides that all property, movable and

immovable, of or belonging to the University Grants Commission, All India Council

for Technical Education and National Council for Teacher Education shall vest in

the Commission or any of the Councils as may be decided by the Central

Government and hence, the budgetary support by the Central Government to the

Commission and its Councils is estimated not to exceed the level of the current

budgetary support given to the University Grants Commission, the All India Council

for Technical Education and the National Council for Teacher Education.

Sub-clause (5) of clause 55, inter alia, provides that every person employed

on a regular basis by the University Grants Commission, All India Council for

Technical Education or National Council for Teacher Education, as the case may

be, immediately before the commencement of this Act shall be deemed to be

employed by the Commission or any of the Councils, as may be decided by the

Commission, by the same tenure, at the same remuneration and upon the same terms

and conditions and with the same rights and privileges as to pension, leave, gratuity,

provident fund and other matters as he would have held the same, if this Act had not

been enacted and shall continue to do so unless and until his employment is

terminated or until such tenure, remuneration and terms and conditions are duly

altered by the rules or regulations.

2. The Fund shall be used for meeting the salaries and allowances payable to

the Presidents of Councils, full-time Members of the Councils, Member Secretaries

of the Commission and Councils and the administrative expenses including the

salaries, allowances payable to the officers and other employees of the Commission,

and the other expenses of the Commission in connection with the discharge of its

functions relating to its establishment and maintenance.

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MEMORANDUM REGARDING DELEGATED LEGELATION

Sub-clause (1) of clause 5 of the Bill empowers the Central Government to

appoint and constitute a Commission to be known as the Viksit Bharat Shiksha

Adhishthan, by notification.

Sub-clause (1) of clause 10 of the Bill empowers the Central Government to

appoint and establish a Regulatory Council to be known as the Viksit Bharat Shiksha

Viniyaman Parishad, by notification.

Sub-clause (1) of clause 13 of the Bill empowers the Central Government to

appoint and establish an Accreditation Council to be known as the Viksit Bharat

Shiksha Gunvatta Parishad, by notification.

Sub-clause (1) of clause 15 of the Bill empowers the Central Government to

appoint and establish a Standards Council to be known as the Viksit Bharat Shiksha

Manak Parishad, by notification.

Sub-clause (1) of clause 46 empowers the Commission or the Councils, as the

case may be, by notification, to delegate to any Member or Member Secretary,

subject to such conditions, if any, as may be specified in such notification, such of

its powers and functions under this Act, except the power to make regulations under

section 51, as it may deem necessary.

Sub-clause (1) of clause 47 of the Bill empowers the Central Government to

supersede the Commission or the Councils, as the case may be, for such period, not

exceeding six months, with the prior approval of the President of India, by order

published in the Official Gazette, if at any time the Central Government is of the

opinion that (a) the Commission or any of the Councils is unable to discharge the

functions and duties imposed on it by or under the provisions of this Act; or (b) the

Commission or the Councils, as the case may be, established under this Act has

persistently made default in complying with any direction given by the Central

Government under this Act or in the discharge of the functions and duties imposed

on it by or under the provisions of this Act.

Sub-clause (1) of clause 50 of the Bill empowers the Central Government to

make rules for carrying out the provisions of the proposed legislation. Sub-clause (2)

of the said clause specifies the matters in respect of which such rules may be made.

These matters, inter alia, include––

(a) the other functions of the Commission under clause (l) of section 9;

(b) the other functions of the Regulatory Council under clause (r) of

sub-section (2) of section 11; (c) the manner in which any existing or newly

accredited university shall establish constituent college, off-campuses and

multiple campuses under sub-section (2) of section 12; (d) the other functions of

the Accreditation Council under clause (i) of sub-section (2) of section 14;

(e) the other functions of the Standards Council under clause (k) of sub-section (2)

of section 16; (f) the manner in which other Members of the Commission and the

Councils shall be appointed by the President of India on the recommendations of

the Central Government under sub-section (2) of section 20; (g) the manner in

which Member Secretary of the Commission and Councils shall be appointed by

the Central Government under sub-section (3) of section 20; (h) the term of the

Search-cum-Selection Committee and the manner of selection of panel of names

under sub-section (2) of section 21; (i) the manner and period of inquiry for

removal of Chairperson, President and full-time Members of the respective

Councils under sub-section (1) of section 24; (j) the manner in which other

Members of the Commission or the Councils, as the case may be, may be removed

by the Central Government under sub-section (4) of section 24; (k) the manner in

which declaration shall be made by the Chairperson or any other Member of the

Commission or the President or the Members of the respective Councils

under sub-section (1) of section 25; (l) the salary and allowances payable

to, and the other terms and conditions of service of the Presidents and full-time

Sec. 2]

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Members of the respective Councils and Member Secretary of the

Commission and the Councils, under sub-section (1) of section 27; (m) the

form, manner, and authority before which the Chairperson and Members of

the Commission and Presidents of the Councils and its Members shall before

entering upon their office, make and subscribe to an oath of office and of

secrecy under section 29; (n) the Secretariats for the Commission and

Councils under section 31; (o) the manner for closure of such higher

educational institution established without the approval of the Central

Government or appropriate State Government under sub-section (2) of section

33; (p) the manner of setting up of adjudicatory mechanism by the Regulatory

Council under section 34; (q) the period and manner for preferring an appeal

against the order of the Commission or any of the Councils before the Central

Government under section 37; (r) the form and period at which the budget is

to be prepared by the Commission under section 40; (s) the form and manner

in which the Commission shall maintain accounts and other relevant records

and prepare an annual statement of accounts under sub-section (1) of section

41; (t) the form, manner and period within which the Commission shall furnish

to the Central Government reports and statements under sub-section (1) of

section 42; (u) the form and period at which the Commission in coordination

with the Councils shall prepare, once in every year, an annual report under

sub-section (2) of section 42; and (v) any other matter to be provided by rules

for carrying out the provisions of this Act.

Sub-clause (1) of clause 51 of the Bill empowers the Commission and the

Councils to make regulations for carrying out the provisions of the proposed

legislation. Sub-clause (2) of the said clause specifies the matters in respect of which

such rules may be made. These matters, inter alia, include––

(a) the procedure in regard to transaction of business at meetings of the

Commission including quorum at such meetings under sub-section (1) of

section 8; (b) the manner to invite such experts as may be determined by the

Regulatory Council as ‘special invitees’ for their meetings under sub-section

(5) of section 10; (c) the functions of the Regulatory Council under clauses

referred to in sub-section (2), other than clauses (d), (e), (j), (o), (p), (q) and

(r), under sub-section (3) of section 11; (d) the manner of authorisation for

accredited higher educational institutions, other than a University, to grant

degrees under sub-section (4) of section 11; (e) the procedure in regard to

transaction of business at meetings of the Regulatory Council (including

quorum at such meetings) under sub-section (6) of section 11; (f) the manner

to invite such experts as may be determined by the Accreditation Council as

‘special invitees’ for their meetings under sub-section (5) of section 13; (g) the

functions of the Accreditation Council under clauses referred to in sub-section

(2), other than clauses (f), (g), (h) and (i), under sub-section (3) of section 14;

(h) specifying the Institutional Accreditation Framework under sub-section (4)

of section 14; (i) the procedure in regard to transaction of business at meetings

of the Accreditation Council (including quorum at such meetings) under sub-

section (6) of section 14; (j) the manner to invite such experts as may be

determined by the Standards Council as special invitees for their meetings

under sub-section (5) of section 15; (k) the functions of the Standards Council

under clauses referred to in sub-section (2), other than clauses (b), (c), (h), (i),

(k) and (l) under sub-section (3) of section 16; (l) the procedure in regard to

transaction of business at meetings of the Standards Council (including

quorum at such meetings) under sub-section (4) of section 16; (m) the manner

and purposes for which the Commission and Councils may associate with such

persons for assistance or advice under sub-section (1) of section 43; and (n)

the manner for protecting the institutional autonomy and independence

accorded to the Institutions of national importance and the institutions of

eminence under section 49.

THE GAZETTE OF INDIA EXTRAORDINARY

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Short title and

commencement.

AND WHEREAS India has been pursuing such developments in a responsible way;

AND WHEREAS nuclear energy is a clean and abundant source for electricity

and hydrogen production and has the potential to address clean energy needs of

Viksit Bharat;

AND WHEREAS India pursues a policy of closed fuel cycle to enable

sustainability of nuclear fuel resources as well as safe radioactive waste

management, and has adopted a three-stage nuclear power development

programme, which aims at full exploitation of India’s abundant thorium reserves;

AND WHEREAS speedy development for large scale thorium utilisation

requires strong institutional foundations for research, development and usage of

next generation technologies;

AND

WHEREAS

accelerated

growth

Artificial

Intelligence,

high-performance computing, quantum technologies, indigenous semiconductor

fabrication and large-scale data-driven research requires stable, reliable, abundant,

clean and round-the-clock power supply, which can be ensured through expanded

deployment of nuclear energy and necessitating a new legal framework promoting

research and innovation in private-sector;

AND WHEREAS application of nuclear science and technology in energy,

healthcare, food, water, agriculture, industry, research, environment and other

non-power uses and its utilisation in Artificial Intelligence in supporting

future-ready applications including advanced materials research, precision

manufacturing, space technologies and industrial automation is crucial in fulfilling

India’s developmental aspirations and achieving sustainable development goals;

AND WHEREAS India is committed to expand the application and deployment

of nuclear science and technology to enhance nuclear energy share of the total

energy mix;

AND WHEREAS it is desirable to harness the potential of nuclear energy

through active involvement of both public and private sectors and to leverage the

participation of the domestic industry to contribute to and benefit from the global

nuclear energy ecosystem including research, technology, manufacturing, finance,

insurance and skill development;

AND WHEREAS India’s excellent record in nuclear safety and radiation safety

needs to be sustained through enhanced legal and regulatory framework for

ensuring continued excellence keeping pace with the large-scale expansion of

nuclear power programme, rapidly emerging Artificial Intelligence enabled

nuclear and radiation technologies and other radiation applications.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Sustainable Harnessing and Advancement

of Nuclear Energy for Transforming India Act, 2025.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of

this Act and any reference in any such provision to the commencement of this Act,

shall be construed as a reference to the coming into force of that provision.

Sec. 2]

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36 of 2003.

18 of 2013.

29 of 1986.

18 of 2013.

2. In this Act, unless the context otherwise requires,—

(1) “activities” means any activity connected with or incidental to

production or use of nuclear energy and ionising radiation and includes

radioactive waste management, import, export or transport of prescribed

substance or radioactive substance and any other practice or circumstances in

which an individual may be subject to radiation exposure;

(2) “adjudicating officer” means the adjudicating officer designated as

such under sub-section (2) of section 70;

(3) “Appellate Tribunal” means the Appellate Tribunal for Electricity

established under section 110 of the Electricity Act, 2003;

(4) “Atomic Energy Commission” means the Atomic Energy Commission

established by the Government of India Resolution dated the 1st March, 1958;

(5) “Board” means the Atomic Energy Regulatory Board constituted

under sub-section (1) of section 17;

(6) “Central Government” means the Department of Atomic Energy;

(7)

“Claims Commission” means the Nuclear Damage Claims

Commission established under section 56;

(8)

“Claims Commissioner” means the Claims Commissioner

designated as such under sub-section (2) of section 54;

(9) “company” shall have the same meaning as assigned to it in

clause (20) of section 2 of the Companies Act, 2013, but does not include a

company incorporated outside India;

(10) “Council” means the Atomic Energy Redressal Advisory Council

established under section 47;

(11)

“decommissioning” means permanent discontinuation of the

operation of any facility or mine, with or without dismantling the equipment,

removal or containment of any prescribed substance or radioactive material, with

necessary measures taken for cessation of regulatory or governmental control;

(12) “environment” shall have the same meaning as assigned to it in

clause (a) of section 2 of the Environment (Protection) Act, 1986;

(13) “facility” includes nuclear facility and radiation facility;

(14) “financial security” means a contract of indemnity or guarantee or

shares or bonds or such instrument or any combination thereof;

(15) “fissile material” means––

(a) plutonium;

(b) uranium-233;

(d) any material containing one or more of the foregoing; and

(e) such other material as the Central Government may from time

to time notify in this behalf;

(16) “Government company” shall have the same meaning as assigned

to it in clause (45) of section 2 of the Companies Act, 2013;

(17) “licence” means licence granted by the Central Government under

this Act;

Definitions.

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(18) “licensee” means a person to whom a licence has been granted

under this Act;

(19) “minerals” include all substances obtained or obtainable from the

earth surface or sub-surface of the earth crust, either soil or rock, and the

like; and 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;

(20) “notification” means notification published in the Official Gazette

and the term “notify” or “notified” shall be construed accordingly;

(21) “nuclear damage” means any injury, loss or damage caused by a

nuclear incident,––

(a) occurring in a nuclear installation; or

(b) involving a nuclear material originating in, transported from

or to, a nuclear installation,

whether arising from the radioactive properties of such material, or from a

combination of radioactive properties with toxic, explosive or other

hazardous properties of such other material, resulting in—

(i) loss of life or personal injury including immediate and

long-term health impact to an individual;

(ii) loss of, or damage to, property; or

(iii) any other loss or damage as may be notified by the Central

Government, including—

(A) any economic loss;

(B) costs of measures taken for the restoration of an

impaired environment;

the use or enjoyment of the environment;

(D) the costs of measures taken for preventing and mitigating

nuclear damage, and additional loss or damage resulting from such

measures;

(22) “nuclear energy” means energy released from atomic nuclei as a

result of any process, including the fission and fusion processes; and any

reference in this Act to the production or use of nuclear energy shall be

construed as including a reference to the carrying out of any process,

preparatory or subsequent or ancillary to such production or use.

Explanation.—For the removal of doubts, it is hereby clarified that any

reference to the expression “atomic energy” in any law or any other

instrument having the force of law shall be construed as a reference to

nuclear energy as defined in this clause;

(23) “nuclear facility” means any plant including the premises and

precincts thereof in which source material or fissile material is produced,

processed, used, handled, stored or disposed of and includes nuclear power

plant, research reactor, fuel fabrication plant, refinement or conversion plant,

spent fuel storage facility, enrichment plant, reprocessing plant, facility

engaged in management of waste from use of source or fissile material; or

any other facility engaged in the use or production of nuclear energy as may

be notified by the Central Government, but does not include mining and

processing of ores and facilities handling waste arising thereof;

Sec. 2]

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(24) “nuclear incident” means any occurrence or a series of

occurrences having the same origin that results in nuclear damage or, despite

all reasonable measures taken to prevent or mitigate the damage, presents a

grave and imminent risk of causing such damage;

(25) “nuclear installation” means such nuclear facility where—

(a) nuclear fission can occur in a reactor including one driven by

external neutrons other than a reactor comprised in any means of

transport;

(b) nuclear fuel is used for the production or processing of

nuclear material, including reprocessing of irradiated nuclear fuel; or

carriage of such material),

and several nuclear installations of one operator which are located at the

same site shall be considered as a single nuclear installation;

(26) “nuclear material” means and includes––

(a) nuclear fuel (other than natural uranium or depleted uranium)

capable of producing energy by a self-sustaining chain process of

nuclear fission outside a reactor, either by itself or in combination with

some other material; and

(b) any radioactive material produced in, or any material made

radioactive by exposure to, the radiation incidental to the production or

utilisation of nuclear fuel, but does not include radioisotopes which have

left its nuclear installation of origin for final fabrication so as to be usable

for any scientific, medical, agricultural, commercial or industrial purpose;

(27) “nuclear security” or “security”, means measures to prevent,

detect and respond to criminal or intentional or unauthorised or malicious

acts including unauthorised removal of fissile material and sabotage

involving or directed at fissile material, other radioactive material or

associated facilities and activities;

(28) “operator”, in relation to a nuclear installation, means the person

who has been granted a licence under this Act for the purpose of operating

the nuclear installation;

(29) “person” shall include an individual or a company or association

or body of individuals, whether incorporated or not, or the Central

Government or a State Government;

(30) “plant” includes machinery, equipment or appliance, whether

affixed to land or not and associated buildings and conveyances;

(31) “prescribed” means prescribed by rules made by the Central

Government under this Act;

(32) “prescribed equipment” means any property which the Central

Government may, by notification, specify, 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 use of nuclear energy, radioactive substances, or ionising

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;

THE GAZETTE OF INDIA EXTRAORDINARY

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(33) “prescribed substance” means any source material, fissile material

and such other material which the Central Government may, by notification,

specify, being a substance which in its opinion is or may be used for the

production or use of nuclear energy or ionising radiation or matters

connected therewith or incidental thereto;

(34) “radiation” means ionising radiation such as gamma rays, X-rays,

and rays consisting of alpha particles, beta particles, neutrons, protons,

positron and other nuclear and sub-atomic particles; but not sound or radio

waves or microwaves, or visible, infra-red or ultra-violet light;

(35) “radiation facility” means any location or facility, including a

mobile facility, involving the use of generating equipment or plant or

radioactive material for non-power applications such as in the field of

medicine, industry, food, water, environment, research and agriculture;

(36) “radioactive substance” or “radioactive material” means any

substance or material which spontaneously emits radiation in excess of the

levels notified by the Board;

(37) “radioactive waste” means any waste material, other than spent

fuel, which has no further foreseen use, as determined by the Central

Government, containing radionuclides in quantities and concentrations

exceeding the level notified by the Board;

(38) “reactor” means any engineered facility containing nuclear fuel in

such an arrangement that nuclear energy can be produced, extracted or

harnessed;

(39) “regulations” means regulations made by the Board under this Act;

(40) “regulatory document” includes safety codes, safety standards,

safety guides, safety manuals and such other documents issued by the Board;

(41) “safeguards” means a set of measures necessary to ensure that

source material and fissile material are controlled and accounted for, as per

the provisions of this Act;

(42) “safety” or “nuclear safety” or “radiation safety”, means the

achievement of proper operating conditions, prevention of accidents or

mitigation of accident consequences, resulting in protection of workers,

public and environment from harmful effects of radiation risks;

(43) “safety authorisation” means a written permission granted by the

Board under this Act;

(44) “source material” means––

(a) uranium containing mixture of isotopes occurring in nature;

(b) uranium depleted in the isotope 235;

(d) any of the foregoing in the form of metal, alloy, chemical

compound, or concentrate;

(e) any other material containing one or more of the foregoing in

such concentration; or

(f) such other material as the Central Government may, from time

to time, notify;

(45) “spent fuel” means nuclear fuel that has been irradiated in, and

permanently removed from, the reactor core.

Sec. 2]

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CHAPTER II

GRANT OF LICENCE AND SAFETY AUTHORISATION

3. (1) Subject to the provisions of this Act, the following persons shall be

eligible to apply to the Central Government for a licence for the purposes of

setting up any of the facilities or undertaking the activities specified in

sub-section (2), namely:—

(a) any Department of the Government of India or any institution or

authority or corporation established or owned or controlled by such

Government;

(b) any Government company;

(d) a joint venture among any of the aforesaid; or

(e) any other person expressly permitted by the Central Government,

by notification, to set up such facilities or undertake such activities.

(2) The licence referred to in sub-section (1) shall be mandatory for setting

up or undertaking the following facilities and activities for the production, use and

disposal of nuclear energy, namely:––

(a) build, own, operate or decommission a nuclear power plant or

reactor;

(b) the fabrication of nuclear fuel including conversion, refining and

enrichment of uranium-235 up to such threshold value, or production, use,

processing or disposal of other prescribed substance, as may be notified by

the Central Government;

other prescribed substance;

(d) the import, export, acquisition, or possession of nuclear fuel or

prescribed substance;

(e) the import, export, acquisition or use of prescribed equipment;

(f) the import or export of any technology or software, that may be

used for the development, production or use of prescribed substance or

prescribed equipment; or

(g) any other facilities or activities as may be notified by the Central

Government.

(3) The facilities or activities requiring a licence under this section shall also

require a safety authorisation if such facilities or activities are likely to subject an

individual to radiation exposure, as may be specified by regulations.

(4) While setting up the facilities or undertaking the activities referred to in

sub-section (2),––

(a) the source material and fissile material in any form, produced

within India or imported, shall remain under the surveillance and control of

the Central Government for the purposes of accounting; and shall be subject

to such safeguards as may be specified by the Central Government;

Licence and

safety

authorisation for

production or

use of nuclear

energy.

THE GAZETTE OF INDIA EXTRAORDINARY

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Regulation of

radioactive

substance and

radiation

generating

equipment.

(b) the spent fuel shall be safely stored for a cooling period of such duration

to be determined by the Board or for such further duration as the Central

Government may direct, before being delivered to the Central Government for its

subsequent management or repatriated to the country of origin;

supervision of the Central Government for the purposes of accounting; and

shall be delivered back to it after its intended use or as directed by the

Central Government,

and the cost of delivery and subsequent management of spent fuel or its

repatriation under clause (b) and delivery of heavy water under clause (c), as may

be determined by the Central Government, shall be borne by the licensee.

(5) The following facilities and activities shall be set up or undertaken

exclusively by the Central Government or any institution or factory wholly owned

by it, namely:—

(a) the enrichment or isotopic separation of prescribed substance or

radioactive substance, unless otherwise notified by the Central Government

in this behalf;

(b) the management of spent fuel, including reprocessing, recycling,

separation of radionuclides contained therein and management of high-level

radioactive waste arising thereof;

separation;

(d) any other facilities or activities as may be notified by the Central

Government.

4. (1) Any person who seeks to,—

(a) manufacture, possess, use, export, import, transport, dispose or

transfer by sale or otherwise, any radioactive substance and radiation

generating equipment; or

(b) establish, operate or decommission a radiation facility or undertake

associated activities,

shall obtain a safety authorisation from the Board.

(2) The Central Government may, if it considers necessary or expedient so to

do in the public interest, require the export, import or manufacture of any category

or class of radioactive substances and high energy radiation generating equipment,

as may be notified by it, to be carried out under a licence.

(3) In the case of radiological emergency as may be specified by regulations,

the transport for safe disposal of radioactive substances shall be carried out in

accordance with the directions issued by the Central Government.

(4) The Central Government may, by rules provide for measures for ensuring

the security of radioactive substance during its storage, use, disposal and transport,

and for the purpose of securing compliance, may—

(a) inspect any consignments or package or conveyance or plant; and

(b) maintain national registry of radioactive substances.

(5) The Central Government may, either on the recommendations of the

Board or if it considers necessary for the prevention of radiation hazards, assume

control of any radioactive substance or radiation generating equipment, including

for their safe disposal and the cost of such disposal may be recovered from the

holder of safety authorisation.

Sec. 2]

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29 of 1986.

5. (1) The Central Government may undertake any exploration activities for

the purpose of discovering the presence of,—

(a) any mineral in or on the land including seabed, either in a natural

state or in a deposit; or

(b) any mineral in waste material obtained from any underground or

surface working; or

can be obtained:

Provided that any person who discovers or has reason to believe that

uranium or thorium is available at any place in India shall inform the Central

Government forthwith.

(2) Notwithstanding anything contained in any other law for the time being

in force, the working of mines and minerals in onshore or offshore areas

containing uranium and thorium and decommissioning of such mines shall be

carried out only by the Government, a Government company, or a corporation

owned or controlled by the Government, and only under a licence and a safety

authorisation:

Provided that such mineral shall be of the grade that is equal to or above the

threshold value as may be notified by the Central Government:

Provided further that where the grade of such mineral is below the threshold,

it shall be handled and disposed of in accordance with such order as may be issued

by the Central Government in respect of conservation of minerals and by the

Board in respect of radiological safety.

(3) Where the Central Government is of the opinion that uranium, thorium or

any other prescribed substance may reasonably be isolated or extracted from the

working of any mine or mineral or from treating or concentrating any material by

any physical, chemical or metallurgical process, it may by order,––

(a) require such activities to be carried out under a licence and a safety

authorisation;

(b) impose such terms and conditions as may be deemed necessary, for

carrying out the activities; or

(4) Where the Central Government imposes any terms and conditions under

clause (b) of sub-section (3), or orders any prohibition under clause (c) of that

sub-section, it may pay compensation to the affected person in accordance with

section 36.

(5) All uranium or thorium mined, isolated or extracted, and any minerals,

concentrates or other materials, whether mined, treated or concentrated, containing

uranium or thorium in their natural state beyond such proportion as may be

notified by the Central Government, shall vest in that Government and shall not be

sold, transferred, or otherwise disposed of except with its prior permission and in

accordance with such terms and conditions and such safeguards as may be

specified by the Central Government.

(6) Any material referred to in sub-section (5) including any tailings, reject,

byproduct or residue containing uranium and thorium below the proportion notified

under that sub-section which in the opinion of the Central Government does not

have any foreseen use shall be treated as hazardous substance and handled in

accordance with the provisions of the Environment (Protection) Act, 1986.

Mining and

processing of

certain source

material.

THE GAZETTE OF INDIA EXTRAORDINARY

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Application for

licence and

safety

authorisation.

Conditions for

grant of licence

or safety

authorisation.

(7) In case of non-compliance by any person with the provisions of this

section or where required in the interest of national policy or public interest or

public safety, the Central Government may compulsorily acquire any mineral,

concentrate or substance and require such mineral, concentrate or substance to be

delivered to it or to such authority as it may direct.

6. (1) An application for licence shall be made in such form and manner,

accompanied by such documents, information and fee, as may be prescribed.

(2) An application for safety authorisation shall be made in such form and

manner, accompanied by such documents, information and fee as may be specified

by regulations.

7. (1) Upon an application made under sub-section (1) of section 6, the

Central Government may grant a licence in such manner and subject to such terms

and conditions as may be prescribed, including compliance with the financial,

technical, management and other organisational capabilities covering the aspects

of design, construction, commissioning, operation, maintenance, life management,

decommissioning, quality assurance, radioactive waste management, liability,

security, as it may deem necessary, for the entire life time of the facility or mine.

(2) Upon an application made under sub-section (2) of section 6, the Board may

grant a safety authorisation in such manner and subject to such terms and conditions as

may be specified by regulations including compliance with applicable regulatory

documents.

(3) Where an applicant applies to undertake two or more activities in relation

to a facility, the Central Government or the Board may grant a single composite

licence or safety authorisation to undertake all or part of the activities for which

the application has been made.

(4) Notwithstanding anything contained in this Act, no licence may be

granted to—

(a) any company, if the Central Government knows or has reason to

believe that it is owned, controlled or dominated by entities who are inimical

to defence and national security, or health and safety of the public;

(b) any person in India, if in the opinion of the Central Government,

the issuance of a licence to such person would be inimical to defence and

national security, or health and safety of the public.

(5) A licence or safety authorisation granted under this Act shall be valid for

such period as may be determined by the Central Government or the Board, as the

case may be.

(6) The Central Government or the Board may, upon application, extend or

renew any licence or safety authorisation for such period as may be deemed necessary.

(7) Any licence or safety authorisation granted under this Act shall not be

transferable except with the prior permission of the Central Government or the

Board, as the case may be.

(8) Nothing in this section shall affect the authority of the Central

Government or the Board to refuse a licence or a safety authorisation for reasons

to be recorded in writing.

(9) The Central Government or the Board may, on an application or

otherwise in the public interest, make such alterations or amendments in the terms

and conditions of the licence or safety authorisation, as may be deemed fit.

Sec. 2]

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8. (1) The Central Government or Board may, by order, and after giving an

opportunity of hearing to the person granted licence or safety authorisation under

this Act, modify, suspend, cancel or curtail the duration of the licence or the safety

authorisation for mines, facilities or activities, at any time, if in its opinion, the

person contravenes or fails to comply with—

(a) any provision of this Act or the rules or regulations made

thereunder;

(b) any term or condition attached to the licence or safety authorisation; or

Government or the Board.

(2) Notwithstanding anything contained in sub-section (1), the Central

Government may modify, suspend, cancel or curtail the duration of the licence, if

at any point of time,—

(a) the Central Government knows or has reasons to believe that the

licensee is owned, controlled, or dominated by entities who are inimical to

defence and national security or health and safety of the public;

(b) the financial position of the licensee has deteriorated to such an

extent that it may no longer be able to operate the licensed business in a safe,

secure or reliable manner;

or default, which poses a material risk to the continuity of operation of the

licensed business;

(d) the continuation of the licence is likely to be prejudicial to public

interest, health or safety of public or environment or national security or

safeguards or nuclear security.

(3) Upon suspension or modification or curtailment of duration of a licence,

the licensee shall take all measures to comply with the directions issued by the

Central Government, failing which the licence may be cancelled:

Provided that no licence shall be suspended for more than one year.

(4) Upon cancellation of the licence, the Central Government shall take

under its control, the licensed facility or mine and ensure compliance with the

safety, security, safeguard and any other obligations, in such manner as may be

prescribed and take measures for the continuity of the licensed business.

(5) Before cancellation of a licence under this section, the Central

Government shall take into consideration the following factors, namely:—

(a) administration of the business on cancellation of the licence;

(b) measures for protection of interests of lenders, investors, consumers

and other stakeholders;

9. (1) A person may carry out research, development, design and innovation

in matters related to nuclear energy and radiation for the peaceful use except for

the activities exclusively reserved for Central Government under sub-section (5) of

section 3 or has national security implications.

(2) While carrying out the activities under sub-section (1), adequate safety

and security shall be ensured to protect the persons, public and the environment.

Suspension or

cancellation,

etc., of licence

or safety

authorisation.

Exemption of

research,

development and

innovation

activities from

licence.

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Duties of

persons granted

licence or safety

authorisation

and other

persons.

Liability of

operator of

nuclear

installation.

(3) Nothing in this section shall prevent the Central Government from

permitting, subject to such conditions as it may deem fit to impose, the use of

small quantities of prescribed substance as may be determined by the Central

Government to be necessary for the conduct of research under this section.

CHAPTER III

DUTIES AND LIABILITIES

10. (1) Any person who has been granted licence or safety authorisation shall––

(a) not undertake any activity other than the purpose for which licence

or safety authorisation is granted;

(b) handle the prescribed substance or radioactive substance or operate

the prescribed equipment or radiation generating equipment in accordance

with the terms and conditions of the licence or safety authorisation and

subject to such safeguards, if any, provided in the purchase agreement.

(2) Any employer of a facility, occupier of a factory, owner of a mine or any

other person in possession of radioactive substance or radiation generating

equipment shall have the prime responsibility for the safety, security and

safeguards and shall comply with such terms and conditions as may be prescribed.

(3) Without prejudice to the generality of the foregoing provisions, every person

who has been granted a licence or safety authorisation under this Act, shall—

(a) comply with the terms and conditions of the licence and safety

authorisation and the rules, regulations, orders and regulatory documents

issued under this Act in respect of safety, security and safeguards, quality

assurance and control, radioactive waste management, decommissioning of

the facilities, and maintaining design support throughout the life time of the

facility or mine;

(b) maintain such books of account or other documents or records as

the Central Government or the Board may require;

or the Board, as may be required;

(d) provide access and necessary infrastructure to the authorised

representatives of the Central Government and the Board including their

resident officers and employees at site, for the conduct of inspection and

investigations;

(e) maintain sufficient financial security, in such manner as may be

prescribed,—

(i) to ensure safe disposal of radioactive substances and

decommissioning of the facility or mine; and

(ii) for settlement of claims for compensation arising from any

injury, loss or damage, other than nuclear damage, caused by radiation

or radioactive contamination either at the facility or mine or in the

surrounding areas or during transportation.

11. (1) Notwithstanding anything contained in this Act, the operator of the

nuclear installation shall be liable for nuclear damage caused by a nuclear incident––

(a) in that nuclear installation; or

(b) involving nuclear material transported from that nuclear installation

and occurring before––

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(i) the liability for nuclear incident involving such nuclear

material has been assumed, pursuant to a written agreement by another

operator;

(ii) another operator has taken custody of such nuclear material;

(iii) the person duly authorised to operate a reactor has taken

custody of the nuclear material intended to be used in such reactor

comprised in any means of transport; or

(iv) such nuclear material has been unloaded from the means of

transport by which it was sent to a person within the territory of a foreign

State;

and occurring after—

(i) the liability for nuclear incident involving such nuclear

material has been transferred to that operator, pursuant to a written

agreement, by the operator of another nuclear installation;

(ii) that operator has taken custody of such nuclear material;

(iii) that operator has taken custody of such nuclear material from

a person operating a reactor comprised in any means of transport;

(iv) such nuclear material has been loaded, with the written

consent of that operator, on the means of transport by which it is to be

carried from the territory of a foreign State.

(2) Where more than one operator is liable for nuclear damage, the liability

of the operators so involved shall, in so far as the damage attributable to each

operator is not separable, be joint and several:

Provided that the total liability of such operators shall not exceed the extent

of liability specified in the Second Schedule.

(3) Where several nuclear installations of one and the same operator are

involved in a nuclear incident, such operator shall, in respect of each such nuclear

installation, be liable to the extent of liability specified in the Second Schedule.

(4) For the purposes of this section,—

(a) where nuclear damage is caused by a nuclear incident occurring in

a nuclear installation on account of temporary storage of material-in-transit

in such installation, the person responsible for transit of such material shall

be deemed to be the operator;

(b) where a nuclear damage is caused as a result of nuclear incident

during the transportation of nuclear material, the consignor shall be deemed

to be the operator;

consignor and the consignee or the consignor and the carrier of nuclear

material, as the case may be, the person liable for any nuclear damage under

such agreement shall be deemed to be the operator;

(d) where both nuclear damage and damage other than nuclear damage

have been caused by a nuclear incident or, jointly by a nuclear incident and

one or more other occurrences, such other damage shall, to the extent it is

not separable from the nuclear damage, be deemed to be a nuclear damage

caused by such nuclear incident.

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Operator not

liable in certain

circumstances.

Limits of

liability for

nuclear incident.

Liability of

Central

Government.

12. (1) An operator shall be liable for any nuclear damage except the damage

caused by a nuclear incident due to—

(a) a grave natural disaster of an exceptional character; or

(b) an act of armed conflict, hostility, civil war, insurrection or terrorism:

Provided that an operator shall not be liable for any nuclear damage caused to,—

(a) the nuclear installation itself and any other nuclear installation

including a nuclear installation under construction, on the site where such

installation is located;

(b) any property on the same site which is used or to be used in

connection with any such installation; or

was carried at the time of nuclear incident.

(2) Where any nuclear damage is suffered by a person on account of his own

negligence or from his own acts of commission or omission, the operator shall not

be liable to such person.

13. (1) The maximum amount of liability in respect of each nuclear incident

shall be the rupee equivalent of three hundred million Special Drawing Rights or

such higher amount as the Central Government may, by notification, specify.

(2) The maximum amount of liability of an operator in respect of each

nuclear incident for different categories of nuclear installation shall be as specified

in the Second Schedule:

Provided that the amount of liability shall not include any interest or cost of

proceedings.

(3) The Central Government may take additional measures, where necessary,

if the compensation to be awarded under this Act exceeds the amount specified

under sub-section (1), including seeking funds under the Convention on

Supplementary Compensation for Nuclear Damage signed at Vienna on the

27th day of October, 2010 to which the Republic of India is a signatory.

Explanation.— For the purposes of this section, the expression “Special Drawing

Rights” means an international reserve asset created by International Monetary Fund the

value of which is determined and allocated by it to the member countries.

14. (1) The Central Government shall be liable for nuclear damage in respect

of a nuclear incident—

(a) where the liability exceeds the amount of liability of an operator

specified in the Second Schedule, to the extent such liability exceeds the

liability of the operator;

(b) occurring in a nuclear installation owned by it; and

Provided that the Central Government may, by notification, assume full

liability for a nuclear installation not operated by it if it is of the opinion that it is

necessary in the public interest to do so.

(2) For the purpose of meeting its liability under clause (a) or clause (c) of

sub-section (1), the Central Government may establish a fund to be called the

Nuclear Liability Fund, in such manner, as may be prescribed.

Sec. 2]

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33 of 1962.

15. (1) The operator shall, before operation of nuclear installation, obtain an

insurance policy or such other financial security or combination of both, covering

the liability specified in the Second Schedule and in such manner as may be

prescribed.

(2) The operator shall from time to time renew the insurance policy or other

financial security before the expiry of the period of validity thereof.

(3) The provisions of this section shall not apply to a nuclear installation

owned by the Central Government.

16. The operator of the nuclear installation, after paying the compensation

for nuclear damage as specified in the Second Schedule, shall have a right of

recourse where—

(a) such right is expressly provided for in a contract in writing; or

(b) the nuclear incident has occurred as a result of commission or

omission of an individual with an intention to cause nuclear damage.

CHAPTER IV

ATOMIC ENERGY REGULATORY BOARD

17. (1) The Atomic Energy Regulatory Board constituted by exercising the

power under section 27 of the Atomic Energy Act, 1962 shall be deemed to have

been constituted under this Act.

(2) The Board shall consist of a Chairperson, a Whole-time Member and

Part-time Members not exceeding seven, to be appointed by the Central

Government, by notification, to exercise the powers conferred upon, and to

perform the functions assigned to it under this Act.

(3) The Chairperson and Members of the Board shall be appointed from

amongst persons of ability, integrity and standing and their qualifications,

experience and other terms and conditions of service including age limit, shall be

such as may be prescribed:

Provided that the Chairperson and a Whole-time Member of the Board shall

be a person of eminence in the field of nuclear energy.

(4) The Chairperson and Members of the Board shall be appointed by the

Central Government on the recommendations of a search-cum-selection

committee to be constituted by the Atomic Energy Commission:

Provided that the search-cum-selection committee constituted for selection

of the Members of the Board shall include the Chairperson of the Board as one of

its Members.

(5) The procedure to be followed by the search-cum-selection committee for

recommending the names under sub-section (3) shall be such as may be

prescribed.

(6) The Chairperson shall have such financial and administrative powers as

may be notified by the Central Government for the autonomous functioning of the

Board.

18. (1) The Chairperson and Members of the Board shall hold office for a

period of three years from the date on which they enter upon office which may be

extended for a further period not exceeding three years at a time, as may be

notified by the Central Government.

Operator to

maintain

insurance or

financial

securities.

Operator’s right

of recourse.

Constitution of

Atomic Energy

Regulatory

Board.

Terms and

conditions of

service of

Chairperson and

Members of

Board.

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Resignation and

removal of

Chairperson or

Member of

Board.

Filling up

vacancies of

Board.

Meetings of

Board.

Vacancies, etc.,

not to invalidate

proceedings of

Board.

(2) The Chairperson and Members of the Board holding the office as such

immediately before the commencement of this Act shall be deemed to have been

appointed under this Act and their terms and conditions of service shall be

governed by the provisions of this Act.

(3) The Chairperson or the Whole-time Member who was in service of the

Central Government, shall be deemed to have retired from service on the date on

which he enters upon office as such, but his subsequent service as the Chairperson

or Whole-time Member shall be reckoned as continuing approved service counting

for pension in service to which he belonged.

(4) The Chairperson and Members of the Board shall not—

(a) communicate, during holding of office as such or thereafter or

reveal to any person any matter which has been brought under their

consideration or knowledge while acting as such;

(b) accept, during their term and for a period of two years from the date

on which they cease to hold office, any employment with any person who

has been granted a licence or safety authorisation under this Act.

19. (1) The Chairperson or any Member of the Board may relinquish their

office by giving a prior notice in writing under his hand addressed to the Central

Government, of not less than three months.

(2) The Central Government shall remove from office the Chairperson or a

Member of Board, who—

(a) has been adjudged an insolvent;

(b) has been convicted of an offence which, in the opinion of the

Central Government, involves moral turpitude;

Chairperson or a Member;

(d) has acquired such financial or other interest as is likely to affect

prejudicially his functions as Chairperson or a Member; or

(e) has so abused his position as to render his continuance in office

detrimental to the public interest:

Provided that no Chairperson or Member shall be removed under clause (d)

or clause (e) unless he has been given an opportunity of being heard in the matter.

20. The Central Government shall, from the date of occurrence of any

vacancy by reason of death, resignation or removal of the Chairperson or the

Members of the Board make a reference to the search-cum-selection committee for

the filling of the post within a period of three months.

21. The Board shall meet at such times and places and shall observe such

rules of procedure in regard to the transaction of business at its meetings,

including quorum, as may be specified by regulations.

22. No act or proceeding of the Board shall be invalid merely by reason of––

(a) any vacancy in, or any defect in the constitution of the Board;

(b) any defect in the appointment of a person acting as a Member of the

Board; or

merits of the case.

Sec. 2]

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45 of 2023.

23. (1) The Board shall determine the number, nature and categories of

officers and other employees as it considers necessary, for the efficient discharge

of its functions and exercise of its powers under this Act and the Central

Government shall provide the Board with such officers and other employees.

(2) The salaries, allowances, incentives, entitlements and other conditions of

service of officers and employees of the Board referred to in sub-section (1) shall

be such as may be prescribed.

(3) The Board may, subject to such terms and conditions as may be specified

by the Central Government, appoint such number of consultants or experts, as it

may consider necessary, for the efficient discharge of its functions under this Act.

(4) The Chairperson shall nominate one of the officers of the Board having at

least twenty years of experience in nuclear science and technology, to serve as a

Secretary of the Board.

(5) The Chairperson, Members, Secretary, officers and other employees of

the Board shall be deemed, when acting or purporting to act in pursuance of any of

the provisions of this Act, to be public servants in accordance with clause (28) of

section 2 of the Bharatiya Nyaya Sanhita, 2023.

24. (1) The Board may take such measures as it may consider necessary, for

the purposes of ensuring that the use of radiation and nuclear energy is safe for the

health of the workers, the public and the environment.

(2) The Central Government may, if required for the purposes of this Act,

provide the Board with access to research centres, academic institutions, research

laboratories, experimental facilities, training facilities, technical and scientific

support, expertise related to nuclear and radiation technology and related safety

aspects.

(3) The Board may,—

(a) notify the limits of radiation exposure to the workers and the public

and specify limits for radioactive releases and discharges to environment;

(b) devise and implement policies and programmes for—

(i) radiation safety and nuclear safety including security aspects

having bearing on safety;

(ii) occupational health and safety aspects of the workers in

relation to factories entrusted to it under section 42;

documents for—

(i)

safety in design, siting, construction, commissioning,

operation and decommissioning of nuclear and radiation facilities;

(ii)

quality

assurance,

management

system,

emergency

preparedness and response, radiation protection and radioactive waste

management;

(iii) safety in storage and transportation of radioactive substance

or material;

(iv) qualification, training and recognition of qualified or certified

personnel employed in facilities handling prescribed substance or

radioactive substance;

Officers and

employees of

Board.

Powers and

functions of

Board.

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(v) safe working conditions for occupational workers including

pre-employment and periodical medical examination;

(vi) any other matter as the Board may consider necessary;

(d) make recommendations to the Central Government for suspension,

modification, cancellation or curtailment of the duration of the licence;

(e) frame regulations for,—

(i) the grant of safety authorisation during various stages of the

life time of nuclear and radiation facilities and associated activities

including type approval to design of radiation equipment, authorisation

for storage, transfer and disposal of radioactive wastes, approval of

package and shipment of radioactive consignments;

(ii) the recognition and certification of persons for performing the

tasks or carrying out the functions entrusted to them, in or in relation

to, a facility,

and establish suitable mechanism for its implementation;

(f) specify the criteria for reporting of nuclear incidents, and within a

period of fifteen days from the date of occurrence of such nuclear incidents,

provide its recommendations to the Central Government for notifying such

incidents under section 26;

(g) ensure high quality safety management at all places where nuclear

and radiation related activities are carried out;

(h) ensure transparency by a planned public outreach and engagement

with interested parties on matters relating to nuclear safety without

disclosing restricted information under section 39;

(i) strive to be a knowledge organisation with state-of-the-art scientific

capabilities in the domain of its responsibilities;

(j) arrange for or conduct research in areas relevant to its functions and

develop linkages with technical support organisations;

(k) interact with international organisations engaged in activities

relevant to the functions of the Board with due governmental approvals;

(l) recognise agencies, institutes, and testing and calibration laboratories;

(m) advise the Central Government with respect to—

(i) safety of public and the environment;

(ii) any radiological surveillance of environment;

(iii)

preparedness in response to nuclear and radiation

emergencies;

(n) exempt from the requirement of safety authoritsation, by notification,

subject to such conditions specified therein, any radioactive material, any class

or classes of radioactive material or any radiation generating plant;

(o) engage with the institutions, laboratories, agencies, technical

support organisations, industries, specialists, individual experts and

professionals of integrity and outstanding ability, who have expertise in

scientific, technical, sociological, legal, public communication, and such

other disciplines related to nuclear, radiation and industrial safety;

(p) coordinate with any other regulator or authority and enter into

Memorandum of Understanding with such regulator or authority for the

effective discharge of its functions;

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(q) constitute advisory or such other committees consisting of domain

experts and delegate such powers to the committee as it deems necessary,

except the power to frame regulations or issue regulatory documents; and

(r) exercise such other powers and perform such other functions as may

be prescribed.

(4) The Board may, issue such directions to the holders of safety authorisations

and other persons, as it may consider necessary, in the interests of safety.

25. (1) The Central Government, in addition to the activities specified in

sub-section (5) of section 3, for the purposes of national defence and security, may carry

out certain activities and for the said purpose, exempt from the authority of the Board,

any prescribed substance or radioactive substance or facilities and activities along with

premises, assets and areas associated with such substance, facilities or activities.

(2) The Central Government may, for the purposes of sub-section (1) or for

the design and development of advance nuclear reactor, by order, constitute one or

more regulatory bodies to exercise the powers and discharge the functions relating

to safety, security, safeguards, licensing and such other matters in respect of the

jurisdiction, as may be specified in the order.

(3) The regulatory bodies constituted under sub-section (2), shall report to

the Central Government the release of radiation or radioactive material exceeding

the authorised limits from the facilities and activities within their respective

jurisdiction specified in the order under sub-section (2).

(4) The Central Government may take such measures as may be considered

necessary and expedient in the public interest, for––

(a) securing safety of public and environment from all radiation

exposure situations; and

(b) safe disposal of radioactive wastes or disused or orphan or legacy

radiation sources or incidental radioactive material.

26. Upon the receipt of recommendations from the Board under clause (f) of

sub-section (3) of section 24, the Central Government shall, within a period of ten

days, notify the nuclear incident:

Provided that where the Central Government is satisfied that the gravity of

the threat and risk involved in a nuclear incident is insignificant, it shall not be

required to notify such nuclear incident.

27. (1) The Board may, by order, delegate to the Chairperson or Whole-time

Member or its officer or officer of the State Government not below the rank of a

Director, subject to such conditions and limitations, if any, as may be specified in

the order, such of its powers and functions, except the power to frame regulations

and issue regulatory documents, as it may deem necessary.

(2) Any person aggrieved by an order or decision of the Chairperson or

Whole-time Member or officer to whom powers have been delegated under

sub-section (1), may file an application to the Board for review of that order

or decision in such manner as may be specified by regulations.

CHAPTER V

INSPECTION, INVESTIGATION, SEARCH AND SEIZURE

28. (1) Any person authorised by the Central Government or the Board,

including their officers and employees at sites, may enter and inspect at all

reasonable hours,—

(a) any facility or mine licensed under this Act;

Regulation of

activities of

strategic nature.

Notification of

nuclear incident.

Delegation and

review by

Board.

Entry and

inspection.

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Conduct of

investigation.

Search and

seizure.

(b) any mine, premises, plant, facility or land or any vehicle, vessel or

aircraft, where he has reason to believe that work is being carried out for the

purpose of or in connection with—

(i) the production and processing of any prescribed substance,

radioactive substance or substances from which a prescribed substance

can be obtained; or

(ii) the production, development or use of nuclear energy

including manufacturing of prescribed equipment, systems, structures

and components of a facility.

(2) The manner of carrying out inspection and verification for ascertaining

compliance with the provisions of this Act, the rules or regulations made

thereunder, any directions issued, or the terms of a licence and safety

authorisation, shall be such as may be prescribed.

29. (1) The Central Government or the Board, upon—

(a) a complaint by any person;

(b) occurrence of a nuclear or radiological event;

sub-section (3) of section 10; or

(d) findings of inspection conducted under section 28,

may carry out an investigation where it has reasonable grounds to believe that—

(i) there has been violation of the terms of a licence or safety

authorisation or any provision of this Act, the rules, regulations or directions

issued thereunder; or

(ii) the activities are being conducted in a manner detrimental to safety,

security or the implementation of safeguards.

(2) The manner of conduct of investigation under sub-section (1), shall be

such as may be prescribed.

(3) The Central Government or the Board may cause the expenses of an

inspection and investigation under this section to be borne by the licensee or the

holder of a safety authorisation or other persons, as the case may be.

30. (1) Where the Central Government or the Board has reasonable grounds

to believe that—

(a) any person who under this Chapter is required to produce, or cause

to be produced, any books, registers, documents, records, data, plant or

material in his custody or power, is likely to omit or fail or has omitted or

failed to so produce;

(b) any such books, registers, documents, records, data, plant, or

material are likely to be tampered with, altered, mutilated, manufactured,

falsified or destroyed; or

licensee or holder of a safety authorisation or by any other person,

it may authorise any of its officer to conduct a search of any place, building or

facility and seize any such books, registers, documents, records, data, plant, or

material referred to in clause (a).

(2) The manner of carrying out search and seizure under sub-section (1) shall

be such as may be prescribed.

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(3) The officer conducting the search may requisition the services of any police

officer or of any officer of the Central Government, or of both, as the case may be, for

assistance related to any of the purposes covered in sub-section (1) and it shall be the

duty of every such police officer or officer to comply with such requisition.

31. (1) On conclusion of the investigation or search or seizure under this

Chapter and after giving an opportunity to the holder of a safety authorisation or

such other person to make a representation, the Board may take such measures as

may be considered necessary to enforce compliance with safety requirements and

to prevent further injury to persons or damage to property or environment from

exposure to radiation or contamination by radioactive substances.

(2) The measures referred to in sub-section (1) shall include,—

(a) sealing the equipment, facility, mine, plant, premises, place,

vehicle, vessel or aircraft;

(b) imposing requirements, prohibitions or restrictions on employers,

employees or other persons;

or other persons as it may consider necessary in the interests of safety;

(d) issuing directions to hand over the material or equipment to the

Central Government;

(e) advising the Central Government to take control of the radioactive material,

equipment, plant, facility or mine if the owner thereof cannot be identified.

(f) derecognising or decertifying any recognised or certified personnel.

(3) On conclusion of the investigation or search or seizure under this Chapter

and after giving an opportunity to the licensee to make a representation, the

Central Government shall have the power to seal any premises and seize, retain

and dispose of any article or take control over any material or plant, if it has

reasonable grounds to believe that a violation of this Act or of any rules,

regulations, security measures or safeguards has occurred.

(4) Without prejudice to the generality of the foregoing powers, the Central

Government or the Board may, by an order in writing,—

(a) issue a warning to the licensee or holder of safety authorisation or

other person, if the business or activities are likely to violate the terms of the

licence or safety authorisation or the provisions of this Act;

(b) require the licensee or holder of safety authorisation or other person, to,—

(i) cease and desist from committing or causing any violations of the

terms of the licence or safety authorisation or the provisions of this Act;

(ii) modify its business or activities for ensuring compliance with the

terms of the licence or the safety authorisation or the provisions of this Act;

(iii) take any such action in respect of any matter arising out of

the investigation as the Central Government or the Board may think fit;

licensee or the holder of safety authorisation, or any other person found to be

in violation of the terms of the licence or safety authorisation or any

provision of this Act;

(d) modify, suspend, cancel or curtail the duration of any licence or

safety authorisation in accordance with section 8.

Action taken

pursuant to

investigation,

search or

seizure.

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General powers

and functions of

Central

Government.

Vesting of

acquisition

rights in certain

cases.

CHAPTER VI

GENERAL POWERS AND FUNCTIONS OF CENTRAL GOVERNMENT

32. (1) The Central Government shall have powers to frame––

(a) the National Nuclear Energy Policy consistent with the National

Electricity Policy prepared under section 3 of the Electricity Act, 2003;

(b) the National Policy for Safety, Security and Safeguards;

(d) policies for quality assurance and quality control of facilities

including their manufacturing and construction; and

(e) such other policies as may be considered necessary for the purposes

of discharging its functions under this Act.

(2) The Central Government may create such funds as may be considered

necessary for the purposes of carrying out the provisions of this Act;

(3) The Central Government may do all such things including establishing

Directorates, Wings and Divisions under it, as it may deem necessary or expedient for the

purposes of exercising any of its powers or discharging any of its functions under this Act.

(4) Without prejudice to any other functions assigned to it under this Act, the

Central Government shall perform the following functions, namely:—

(a) formulating strategies for policies framed under sub-section (1) and

overseeing their implementation;

(b) providing services related to environmental surveillance, personnel

monitoring, dosimetry and other matters related to radiological protection;

and radiological emergency preparedness and response.

33. (1) Notwithstanding anything contained in any other law for the time

being in force, the acquisition rights shall vest exclusively with the Central

Government in respect of the following, namely:—

(a) any prescribed substance;

(b) any mine or mineral or material or right to work on such mine or

mineral from which, in the opinion of the Central Government, any of the

prescribed substance can be obtained;

(d) any prescribed equipment; or

(e) any plant designed or adapted for,—

(i) the mining or processing of prescribed substances or any

minerals from which prescribed substances can be obtained;

(ii) the production or use of any prescribed substance or

radioactive substance; or

(iii) the production, use or disposal of such substance as are likely

to be required for or in connection with the production, use or disposal

of nuclear energy or for research into matters connected therewith.

(2) In case a plant or any reactor is abandoned at any stage after its

commissioning or after the initial nuclear fuel loading, regardless of cause, all

acquisition rights shall vest in the Central Government, including assets thereof free

from all encumbrances.

(3) The manner in which acquisition shall be carried out in this section shall

be such as may be prescribed.

36 of 2003.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

(4) The compensation payable in respect of acquisition under this section shall

be determined and paid in accordance with section 36.

(5) No acquisition of any mine or mineral, concentrate, other material,

substance, equipment or plant under this section shall be deemed to be a sale for any

purpose whatsoever.

(6) Upon acquisition of any plant or reactor under this section, the Central

Government shall take such measures as may be necessary, for—

(a) the development and safe operation of the plant;

(b) the disposal of the prescribed substance;

(d) waste management; and

(e) decommissioning, decontamination or dismantling of the plant and

site remediation,

and levy such cost on the licensee for any of the aforesaid activities as it may deem fit.

34. (1) The Central Government shall have the right to require any substance,

which in its opinion, contains uranium, thorium, plutonium or any of their isotopes

or any other source material or fissile material, to be delivered to it and the Central

Government may extract from that substance the uranium, thorium, plutonium or

any of their isotopes or such other source material or fissile material contained

therein and return the substance to the person concerned on payment of

compensation as determined in accordance with section 36.

(2) Nothing in this section shall prevent the Central Government from

permitting, subject to such conditions as it may deem fit to impose, the use of small

quantities of natural uranium or thorium in excess of the exempt quantities notified

under section 44, as may be determined by the Central Government to be necessary

for the purpose of examination, test, analysis or any other non-nuclear applications.

35. (1) The Central Government may serve on the parties to a contract, not

being a contract for rendering of personal services, relating to—

(a) prospecting or mining of any substance from which uranium or

thorium or other prescribed substance can be obtained;

(b) production or use of nuclear energy; or

a notice in writing stating that on such date as may be specified therein, the rights

and liabilities of any of the parties to such contract shall be transferred to the Central

Government.

(2) A notice served under sub-section (1) shall specify the time and manner

for making an objection and the Central Government shall provide the person

making the objection an opportunity to appear and be heard by an officer authorised

by it for the purpose who shall hear the matter and submit a report thereon to the

Central Government.

(3) Upon receipt of the report under sub-section (2), the Central Government

may pass such order as it may deem fit.

(4) With effect from the date specified in the notice served under

sub-section (1) and subject to the order passed under sub-section (3),—

(a) the contract shall operate as if the Central Government were a party in

place of the person whose rights and liabilities have been transferred to it; and

(b) every reference in the contract to that person shall be deemed a

reference to the Central Government, in respect of the rights exercisable, or

liabilities incurred, on or after that date.

Requisitioning

of certain

substances.

Novation of

contracts.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Determination of

compensation

for acquisition,

requisition,

prohibition, etc.

Special

provision as to

electricity.

Special

provisions as to

inventions.

(5) Where the rights and liabilities of a party to a contract are transferred to

the Central Government under this section, there shall be paid a compensation in

respect of any loss suffered by that party, as may be agreed between that party and

the Central Government.

36. (1) Where any compensation is payable under this Act for the acquisition of

any right for working of mines or minerals or acquisition or requisition of any mineral,

concentrates, other material, equipment or plant or mine or the prohibitions or conditions

imposed or works related to discovery of minerals, the Central Government shall, while

determining the amount of such compensation, have regard to,—

(a) in the case of compensation payable for the purpose of discovering

uranium or thorium under clause (d) of sub-section (5) of section 3,—

(i) the nature of the work done;

(ii) the manner, extent and duration of such discovery;

(iii) the diminution in the rent of the land and of the property

situated at the site of such discovery, which might reasonably be

expected over any period; or

(iv) the diminution in the market value of the land and property on

the date of such discovery;

(b) in the case of compensation payable for the compulsory acquisition

or requisition of any plant, mine, substance or equipment under section 33 or

section 34, 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 or the requisition;

be paid in accordance with such agreement.

(2) For the purposes of compensation under sub-section (1),––

(a) the value of uranium, thorium, plutonium or any of their isotopes,

contained in any substance or material including the cost of transportation

shall not form part of the compensation;

(b) the value shall not exceed the cost incurred by the person in the

production, mining or irradiation of the substance.

37. (1) Notwithstanding anything contained in the Electricity Act, 2003, the

Central Government shall fix the tariff for supply of electricity from nuclear power

plants based on such norms and mechanisms as may be specified by it by notification.

(2) While specifying the norms and mechanisms under sub-section (1), the Central

Government shall have regard to the cost of fuel, cost of spent fuel management,

decommissioning cost and such other services or factors as may be deemed necessary.

38. (1) The Central Government may grant patents for inventions which in its

opinion are for the peaceful uses of nuclear energy and radiation:

Provided that the inventions relating to activities specified in sub-section (5) of

section 3, or which in the opinion of the Central Government, are sensitive in nature

or having national security implications, shall not be patentable and such invention

shall be deemed to have been made or conceived by the Central Government.

(2) Any person desirous of obtaining a patent in relation to an invention under

this section shall make an application to the Controller under the Patents Act, 1970.

(3) If a question arises as to whether an invention is related to any of the

activities specified in sub-section (5) of section 3 or is sensitive in nature or having

national security implications, the Controller shall refer the application to the

Central Government for seeking direction thereon.

36 of 2003.

39 of 1970.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

39 of 1970.

22 of 2005.

(4) The Central Government may issue directions to the Controller in relation

to any patent application under this Act.

(5) Any person who has reason to believe that an invention made by him is

related to nuclear energy shall communicate the Central Government of its nature

and description before disclosing to any third party.

(6) Any application for a patent outside India shall be governed by section 39

of the Patents Act, 1970.

(7) 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 does not relate to the activities referred to in sub-section (1), issue

directions to the Controller to refuse the application on that ground.

Explanation.––For the purposes of this section, “Controller” means the Controller

General of Patents, Designs and Trademarks within the meaning of the Patents Act, 1970.

39. (1) The Central Government may, by order, declare any information, which is

not in public domain and which in its opinion is detrimental to national security or public

interest, relating to the following, as restricted information, namely:––

(i) the location, quality and quantity of prescribed substance and

transactions for their acquisition whether by purchase or otherwise, or

disposal, whether by sale or otherwise;

(ii) the processing of prescribed substance and the extraction or

production of fissile materials from them;

(iii) the theory, design, siting, construction and operation of nuclear

power plant or reactor or plants for the treatment and production of any of the

prescribed substance and for the separation of its isotopes;

(iv) research and technological work on materials and processes

involved in or derived from items covered by this sub-section;

(v) submissions made available to the Board or other regulatory bodies

during the course of their work and declared as strategic, sensitive or

confidential for business purpose by the applicant; and

(vi) all activities referred to in the proviso to sub-section (1) of section 38,

whether contained in a document, drawing, photograph, plan, model, or in any other

form whatsoever, which relates to, represents, or illustrates—

(i) an existing or proposed plant used or proposed to be used for the

purpose of producing, developing, or using nuclear energy; or

(ii) the purpose or method of operation of any such existing or proposed

plant; or

(iii) any process operated or proposed to be operated in such existing or

proposed plant.

(2) No person shall––

(a) disclose or obtain or attempt to obtain any restricted information; or

(b) disclose, without authority of the Central Government, any

information obtained in the discharge of any functions or performance of

official duties under this Act.

(3) The Central Government may, by notification, prohibit the publication in

any form whatsoever of restricted information or any other information as may be

specified therein.

(4) Notwithstanding anything contained in the Right to Information Act, 2005,

the information declared as restricted information or prohibited under this section

shall be debarred from disclosure under the provisions of that Act.

Restricted

information.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Prohibited areas.

Power to obtain

information

regarding

materials,

facilities or

processes.

Administration

of Occupational

Safety, Health

and Working

Conditions

Code, 2020.

Delegation of

powers.

40. The Central Government may, by order,—

(a) declare any premises as prohibited area where work including research,

design or development is carried on in respect of the production, processing, use,

application or disposal of nuclear energy or of any prescribed substance;

(b) prohibit––

(i) the entry of any person, without obtaining permission, into a

prohibited area; or

(ii) any person from taking, without permission, any photograph,

sketch, pictures, drawing, map or other document from a prohibited area

and any permission, if given, may be subject to such conditions which

the Central Government may consider necessary.

41. The Central Government may, by notice in writing, require any person to

submit to it such periodical and other returns, or statements at such times and

containing such particulars and accompanied by such plans, drawings and other

documents as may be specified in the notice relating to––

(a) any prescribed substance in the possession or under the control or present

in or on any land or mine owned or occupied by such person, which in the opinion

of the Central Government, is or can be a source of any of the prescribed

substances, including returns in respect of any such land or mine;

(b) any facility in his possession or under his control designed for mining

or processing of minerals, or adapted for the production or use of nuclear

energy or research into matters connected therewith;

for prospecting or mining of minerals or production or use of nuclear energy

or research into matters connected therewith;

(d) any information in possession of such person for any work carried

out by or on behalf or under the directions of such person, in connection with

prospecting or mining of minerals so specified or the production or use of

nuclear energy or research into matters connected therewith; and

(e) any other information as the Central Government deems necessary

for the purpose of discharging its functions under this Act.

42. Notwithstanding anything contained in the Occupational Safety, Health

and Working Conditions Code, 2020, the authority to administer the said Act,

including the appointment of inspecting staff and the making of rules thereunder

shall vest in the Central Government in relation to any factory belonging to it or a

company fully owned or controlled by it and engaged in carrying out the purposes

of this Act:

Provided that the Central Government may, by notification, delegate to the

Board the authority to administer the provisions of the Occupational Safety, Health

and Working Conditions Code, 2020, except the power to make rules, relating to

health and safety of the workers, as may be specified in that notification.

43. The Central Government may, by notification, direct that any power or

function which may be exercised or performed by it under this Act, except the power

to make rules, shall, in relation to such matters and subject to such conditions, if

any, as it may specify in the notification, be exercised or performed 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,

not below the rank of a Director, as may be specified in the notification.

37 of 2020.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

44.

Notwithstanding anything contained in this Act, the Central

Government may, with the prior approval of the Atomic Energy Commission,

by notification, and for the reasons specified therein, exempt any plant,

facilities, prescribed substance or quantity of prescribed substance or prescribed

equipment and technology from the requirements of licence or liability

or any provisions of this Act, if it is of the opinion that the risk involved is

insignificant.

45. (1) The Central Government, for ensuring compliance with the provisions

of this Act, may issue such directions as it deems necessary to any licensee or any

other person, whether generally or specifically, and every such licensee or person

shall be bound to comply with such directions.

(2) No direction shall be issued under sub-section (1) unless the Central

Government has given a reasonable opportunity of being heard to the licensee or the

person concerned.

46. (1) In the event of a national emergency declared under article 352 of the

Constitution, the Central Government shall––

(a) have the authority to assume control over the nuclear and radiation

facilities, materials, equipment and related products, without limitation; and

(b) take such measures as it considers necessary or expedient for the

exercise of the powers conferred under this section.

(2) Any person affected by the action of the Central Government under

sub-section (1) shall be entitled to compensation as may be determined under

section 36.

CHAPTER VII

REVIEW APPLICATIONS AND APPEALS

47. (1) With effect from such date as the Central Government may, by

notification, appoint, there shall be established a Council to be known as the Atomic

Energy Redressal Advisory Council.

(2) The Council shall consist of the following Members, ex officio,

namely:—

(a) the Chairperson of the Atomic Energy Commission—Chairperson;

(b) Director, Bhabha Atomic Research Centre—Member;

(d) Chairperson of Central Electricity Authority—Member.

(3) The Council may invite technical experts, not exceeding three, to the

meetings of the Council for their expert advice subject to such terms and conditions

as may be prescribed.

(4) The Council shall meet at such times and places and shall observe such

rules of procedure in regard to the transaction of business at its meetings, including

quorum as may be prescribed.

48. (1) Any licensee or holder of safety authorisation or any person aggrieved

by an order or decision of the Central Government or the Board under this Act

including fixation of tariff under section 37 may submit an application for review to

the Council.

Power of

exemption.

Power to issue

directions.

Emergency

powers.

Establishment of

Atomic Energy

Redressal

Advisory

Council.

Redressal of

disputes by

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Appellate

Tribunal.

Technical

Members of

Appellate

Tribunal.

Appeals.

(2) The Council shall examine,—

(a) the review application submitted under sub-section (1) and facilitate

re-conciliation and settlement of disputes by an order in writing;

(b) any matter or complaint referred by the Board or the Central

Government to determine if the act or omission is a fit case for the purpose of

complaint under section 74 and pass an order in writing;

compensation.

(3) Before passing any order under sub-section (2), the Council shall take into

account the significance and repeated nature of the contravention, or wilful violation

or severity of damages caused due to deliberate violations.

49. (1) The Appellate Tribunal for Electricity established under section 110 of

the Electricity Act, 2003, shall be the Appellate Tribunal for the purposes of this

Act.

(2) The Appellate Tribunal may hear and dispose of,––

(a) any appeal filed under sub-section (1) of section 51;

(b) any other matter as may be notified by the Central Government

within the purview of the Appellate Tribunal.

50. (1) For the purposes of this Act, the Appellate Tribunal for Electricity, in

addition to its existing composition shall consist of such number of Technical

Members not exceeding two, to be known as Technical Member (Atomic Energy)

having expertise in matters related to nuclear energy and of such rank as may be

notified by the Central Government.

(2) The Technical Member (Atomic Energy) shall be appointed from a panel

prepared by the search-cum-selection committee with such composition and in such

manner as may be prescribed.

(3) The term of office, the salaries and allowances payable to, and other terms

and conditions of service of the Technical Member (Atomic Energy) shall be the

same as applicable to the other members of the Appellate Tribunal.

51. (1) Any person aggrieved by an order of the Council under section 48 or

penalty imposed by the adjudicating officer under section 70 may file an appeal

before the Appellate Tribunal in such form and manner and accompanied by such

fee, as may be prescribed.

(2) Any appeal to the Appellate Tribunal shall be preferred within a period of

thirty days from the date on which a copy of the order referred to in sub-section (1)

is received by the appellant:

Provided that the Appellate Tribunal may entertain the appeal after the expiry

of the said period of thirty days if it is satisfied that there was sufficient cause for

not filing it within the stipulated period.

(3) On receipt of an appeal under this section, the Appellate Tribunal may,

after giving the parties an opportunity of being heard, pass such orders thereon as it

thinks fit.

(4) The Appellate Tribunal shall send a copy of every order passed by it to the

parties and to the Council or the adjudicating officer, as the case may be.

(5) The Appellate Tribunal may, for the purposes of examining an appeal

under this section, on its own motion or otherwise, call for the records relevant for

the disposal of such appeal.

36 of 2003.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

44 of 1958.

16 of 2024.

80 of 1976.

52. Any person aggrieved by any order of the Appellate Tribunal, may file an

appeal before the Supreme Court, within sixty days from the date of communication

of the order appealed against:

Provided that the Supreme Court may entertain the appeal after the expiry of

the said period of sixty days, if it is satisfied that the appellant was prevented by

sufficient cause from preferring the appeal in time.

CHAPTER VIII

COMPENSATION FOR NUCLEAR DAMAGE

53. Any compensation for nuclear damage suffered may be claimed, if the

nuclear damage has occurred—

(a) within the territory of India;

(b) in or over the maritime areas beyond the territorial waters of

India––

(i) on a ship registered in India under the Merchant Shipping

Act, 1958 or under any other law for the time being in force; or

(ii) on an aircraft registered in India under the Bharatiya Vayuyan

Adhiniyam, 2024 or under any other law for the time being in

force; or

(iii) on an artificial island, installation, or structure under the

jurisdiction of the Republic of India; or

shelf of India within the meaning of section 7 of the Territorial Waters,

Continental Shelf, Exclusive Economic Zone and Other Maritime Zones

Act, 1976; or

(d) in the territory of a foreign State resulting from a nuclear incident in

India, if at the time of such nuclear incident, the foreign State—

(i) has no nuclear installation in its territory or its maritime zones

established in accordance with international law; or

(ii) is a party to one of the international conventions on civil

nuclear liability.

54. (1) Whoever suffers nuclear damage shall be entitled to claim

compensation in accordance with the provisions of this Act.

(2) For the purposes of adjudicating upon claims for compensation in

respect of nuclear damage, the Central Government shall, within such period

not exceeding thirty days from the date of notification of nuclear incident

under section 26, designate by notification, one or more officers not below the

rank of Joint Secretary to the Government of India, as Claims Commissioner

for such area and subject to such terms and conditions, as may be specified in

that notification.

55. Upon the notification of nuclear incident under sub-section (1) of

section 26, the Claims Commissioner designated for the area shall cause wide

publicity to be given in such manner as may be deemed fit, for inviting applications

for claiming compensation for nuclear damage.

Appeals to

Supreme Court.

Territorial

jurisdiction for

claims for

nuclear damage.

Claims

Commissioner.

Inviting

application for

claims.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Establishment of

Nuclear Damage

Claims

Commission.

Composition of

Claims

Commission.

Powers of

Chairperson of

Claims

Commission.

Terms and

conditions of

service of

Chairperson and

Members of

Claims

Commission.

56. Where the Central Government, having regard to the extent and severity

of the nuclear damage is of the opinion that it is expedient in public interest that

claims for such damage be adjudicated by a Claims Commission instead of by

Claims Commissioner, then, it may by notification, establish a Claims Commission

to be called the Nuclear Damage Claims Commission for the purposes of such

adjudication.

57. (1) The Claims Commission shall consist of a Chairperson and such other

Members, not exceeding six, as the Central Government may, by notification,

appoint.

(2) The Chairperson and other Members of the Claims Commission shall be

appointed on the recommendations of a search-cum-selection committee consisting

of three experts, from amongst persons having at least thirty years of experience in

nuclear science, and a retired Supreme Court Judge.

(3) No person shall be qualified for appointment as the Chairperson of the

Claims Commission unless such person is or has been a Judge of a High Court:

Provided that no appointment of a sitting judge shall be made except after

consultation with the Chief Justice of India.

(4) No person shall be qualified for appointment as a Member unless such

person––

(a) has held or is holding the post of Additional Secretary to the

Government of India or any other equivalent post and possesses special

knowledge in law; or

(b) has been a Claims Commissioner for five years.

58. The Chairperson shall have the power of superintendence and general

administration of the Claims Commission and exercise such other powers as may

be prescribed.

59. (1) The Chairperson or a Member of the Claims Commission shall hold

office as such for a term of three years from the date on which he enters upon his

office and shall be eligible for re-appointment for another term of three years:

Provided that no person shall hold office as Chairperson or Member after he

has attained the age of sixty-seven years.

(2) The salary and allowances and other terms and conditions of service of the

Chairperson and Members of the Claims Commission shall be such as may be

prescribed.

(3) A person who, immediately before the date of assuming office as a

Chairperson or a Member, if––

(a) was in service of the Central Government, shall be deemed to have

retired from service on the date on which he enters upon office as such, but

his subsequent service as the Chairperson or a Member shall be reckoned as

continuing approved service counting for pension in service to which he

belonged;

(b) in receipt of or being eligible so to do, has opted to draw a pension,

other than a disability or wound pension, in respect of any previous service

under the Government of India, his salary in respect of service as the

Chairperson or a Member shall be reduced––

(i) by the amount of that pension; and

(ii) if he had, before assuming office, received, in lieu of a portion

of the pension due to him in respect of such previous service, the

commuted value thereof, by the amount of that portion of the pension.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

(4) The Chairperson or a Member of the Claims Commission shall not––

(a) act as an arbitrator or mediator in any matter while holding the office;

(b) appear, act or plead before the Claims Commission on ceasing to

hold office.

60. (1) The Chairperson or any Member of the Claims Commission may

relinquish their office by giving a prior notice in writing to the Central Government,

of not less than three months:

Provided that the Chairperson or the Member shall, unless permitted by the

Central Government to relinquish office sooner, continue to hold office until the

expiry of three months from the date of receipt of such notice or until a person duly

appointed as a successor enters upon the office or until expiry of their term of office,

whichever is earlier.

(2) The Central Government shall remove from office the Chairperson or a

Member of the Claims Commission, who––

(a) has been adjudged an insolvent;

(b) has been convicted of an offence which, in the opinion of the Central

Government, involves moral turpitude;

(d) has acquired such financial or other interest as is likely to affect

prejudicially his functions as a Member; or

(e) has so abused their position as to render continuance in office

detrimental to the public interest:

Provided that no Member shall be removed under clause (d) or clause (e)

unless such Member has been given an opportunity of being heard in the matter.

61. The Central Government shall, from the date of occurrence of any vacancy

by reason of death, resignation or removal of the Chairperson or any Member of the

Claims Commission, appoint another person in accordance with the provisions of

this Act to fill such vacancy and the proceedings may be continued before the

Claims Commission from the stage at which it was, before the vacancy is filled.

62. (1) The Central Government shall provide the Claims Commission with

such officers and other employees as it may deem fit.

(2) The salary and allowances payable to and the terms and other conditions

of service of officers and other employees of the Claims Commission shall be such

as may be prescribed.

63. (1) Upon establishment of the Claims Commission under section 56, every

application for compensation for nuclear damage shall be made to the Claims

Commission and every application for compensation pending before any Claims

Commissioner immediately before the date of establishment of the Claims

Commission under section 56 shall stand transferred on that date to the Claims

Commission and upon such transfer, the Claims Commissioner shall––

(a) furnish to the Claims Commission all records, documents, evidence,

registers, transcripts and any other material related to the transferred claims;

(b) provide such assistance and cooperation to the Claims Commission

as may be requested by it; and

result in delay or prejudice to any party.

Resignation and

removal of

Chairperson or

Member of

Claims

Commission.

Filling up

vacancies of

Claims

Commission.

Officers and

other employees

of Claims

Commission.

Application for

compensation

and transfer of

pending cases to

Claims

Commission.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

Application for

compensation in

respect of

nuclear damage.

Adjudication

procedure for

claims.

(2) Upon transfer of cases to the Claims Commission under sub-section (1),

the Claims Commission shall hear such applications from the stage at which it was

before such transfer.

(3) The transfer of a claim for compensation to the Claims Commission shall

not be construed to––

(a)

invalidate any proceeding validly conducted by a Claims

Commissioner prior to such transfer; or

(b) affect any legal rights, obligations, or liabilities that have already

accrued under an award or order made by a Claims Commissioner.

(4) The Chairperson may constitute benches of the Claims Commission

comprising of not more than three Members, for the purpose of hearing of claims

and any decision thereon shall be made by a majority of the Members hearing

such claims.

64. (1) An application for compensation before the Claims Commissioner or

the Claims Commission in respect of a nuclear damage may be made by—

(a) a person who has sustained injury;

(b) a person owning the property to which damage has been caused;

(d) any agent duly authorised by such persons referred to in

clauses (a) and (b).

(2) Every application for compensation before the Claims Commissioner or

the Claims Commission shall be made in such form and manner as may be

prescribed.

(3) Every application for compensation shall be made within a period of three

years from the date of knowledge of nuclear damage by the person suffering

such damage.

65. (1) For the purposes of adjudication of claims for nuclear damage under

this Act, the Claims Commissioner and the Claims Commission shall follow such

procedure as may be prescribed.

(2) For the purpose of holding inquiry, the Claims Commissioner and the

Claims Commission may engage experts in the nuclear field or such other persons

as may be deemed fit, on such terms and conditions and on payment of such

remuneration, fee or allowances, as may be prescribed.

(3) The Claims Commissioner and the Claims Commission shall, for the

purposes of discharging their functions under this Act, have the same powers as are

vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit,

in respect of the following matters, namely:––

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) the discovery and production of documents;

(d) requisitioning any public record or copies thereof from any court

or office;

(e) issuing of commission for the examination of any witness;

(f) any other matter which may be prescribed.

5 of 1908.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

__________________________________________________________________________________________________

_________________________________________________________________________________________

__________

5 of 1908.

46 of 2023.

45 of 2023.

5 of 1908.

(4) The Claims Commissioner and the Claims Commission shall not be bound

by the procedure laid down in the Code of Civil Procedure, 1908 but shall be

guided by the principles of natural justice and subject to the other provisions of

this Act or any rules made thereunder, the Claims Commissioner and the Claims

Commission shall have the power to regulate its own procedure including the

places and the times at which it shall have its sittings.

(5) The Claims Commissioner and the Claims Commission shall be deemed

to be a civil court for the purposes of section 215 and Chapter XV of the Bharatiya

Nagarik Suraksha Sanhita, 2023.

(6) Every proceeding before the Claims Commissioner or the Claims

Commission under this Act shall be deemed to be judicial proceeding within the

meaning of sections 229, 257 and 267, and for the purposes of section 196, of the

Bharatiya Nyaya Sanhita, 2023.

66. (1) On receipt of an application for compensation under this Chapter, the

Claims Commissioner or the Claims Commission shall, after giving notice of such

application to the operator and giving an opportunity of being heard to the parties,

dispose of the application within a period of three months from the date of such

receipt and make an award accordingly.

(2) While making an award under this section, the Claims Commissioner or the

Claims Commission shall not take into consideration any benefit, reimbursement or

amount received by the applicant in pursuance of employment or contract or insurance

taken by the applicant for himself or for members of his family or otherwise.

(3) Where an operator is likely to remove or dispose of any property with the

object of evading payment of the amount of the award, the Claims Commissioner

or the Claims Commission may, in accordance with the provisions of rules 1 to 4 of

Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908, grant a

temporary injunction to restrain such act.

(4) The Claims Commissioner and the Claims Commission shall cause to

deliver copies of the award to the parties including digital copies, within a period of

fifteen days from the date of the award.

(5) Every award made under this section shall be final and binding on the

parties.

67. The right to claim compensation for nuclear damage shall extinguish, if

such claim is not made within a period of––

(a) ten years, in the case of damage to property;

(b) twenty years, in the case of personal injury to any individual,

from the date of notification of nuclear incident under sub-section (1) of section 26:

Provided that where a nuclear damage is caused by a nuclear incident

involving nuclear material which, prior to such nuclear incident, had been stolen,

lost, jettisoned or abandoned, the said period of ten years shall not strictly apply

from the date of such nuclear incident, but, in no case, it shall exceed a period of

twenty years from the date of such theft, loss, jettison or abandonment.

68. (1) When an award is made by the Claims Commissioner or the Claims

Commission under this Act,––

(a) the insurer or any person who under the contract of insurance or

financial security is required to pay any amount in terms of such award and to

the extent of his liability under such contract shall deposit that amount within

such period and in such manner as the Claims Commissioner or the Claims

Commission may direct; and

Award of

compensation.

Extinction of

right to claim.

Enforcement of

awards.

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Dissolution of

Claims

Commission in

certain

circumstances.

Penalties.

(b) the operator shall, subject to the maximum amount of liability

specified in the Second Schedule, deposit the remaining amount by which

such award exceeds the amount deposited under clause (a).

(2) Where the insurer or operator or any person referred to in sub-section (1)

fails to deposit the amount of award within the period specified in the award, such

amount shall be recoverable from such insurer or operator or person, as the case

may be, as arrears of land revenue.

(3) The amount deposited under sub-section (1) shall be disbursed to such

person as may be specified in the award within a period of fifteen days from the date

of such deposit.

69. (1) Where the Central Government is satisfied that the purpose for which

the Claims Commission was established has served its purpose, or where the number

of cases pending before such Claims Commission is so less that it would not justify

the cost of its continued function, or where it considers necessary or expedient

so to do, the Central Government may, by notification, dissolve the Claims

Commission.

(2) With effect from the dissolution of the Claims Commission,—

(a) the proceedings, if any, pending before the Claims Commission as

on the date of such dissolution, shall be transferred to the Claims

Commissioner;

(b) the Chairperson and all Members of the Claims Commission shall be

deemed to have vacated their offices as such and they shall not be entitled to

any compensation for premature termination of their office;

Central Government.

(3) Notwithstanding the dissolution of the Claims Commission under

sub-section (1), anything done or any action taken or purported to have been done

or taken including any order made or notice issued or any appointment, confirmation

or declaration made or any document or instrument executed or any direction given

by the Claims Commission before such dissolution, shall be deemed to have been

validly done or taken under this Act.

CHAPTER IX

OFFENCES AND PENALTIES

70. (1) If the Central Government or the Board determines on conclusion of

an investigation under section 29 that there has been a breach or violation by any

person, of––

(a) any provision of this Act or the rules or regulations made

thereunder; or

(b) the terms and conditions of licence or safety authorisation; or

(i) the second proviso of sub-section (2) of section 5; or

(ii) sub-section (1) of section 8; or

(iii) sub-section (4) of section 31; or

(iv) sub-section (3) of section 35; or

(v) section 40; or

Sec. 2]

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(d) any directions issued under,—

(i) sub-section (3) of section 8; or

(ii) sub-section (4) of section 24; or

(iii) clause (c) or clause (d) of sub-section (2) of section 31; or

(e) any conditions imposed under clause (b) or prohibitions specified

under clause (c), of sub-section (3) of section 5; or

(f) any notice issued under section 41,

then if such breach or violation is not likely to pose a grave threat or risk to public

or environment, the adjudicating officer designated under sub-section (2), after

giving such person a reasonable opportunity of being heard, may impose such

penalties for any of the categories of the aforesaid breach and violations specified

in the First Schedule.

(2) The Central Government or the Board may designate any of its officers,

not below the rank of Joint Secretary, as an adjudicating officer for the purposes of

adjudication under sub-section (1).

(3) While determining the penalty under sub-section (1), the adjudicating

officer shall have due regard to the following factors, namely:—

(a) the nature, gravity and duration of the breach or violation;

(b) the consequences of the breach or violation on nuclear or

radiation safety;

(d) whether the person, as a result of the breach or violation, has realised

a gain or avoided any loss;

(e) whether the person took any action to mitigate the effects and

consequences of the breach or violation, and the timeliness and effectiveness

of such action;

(f) whether the penalty to be imposed is proportionate and adequate to

deter any further breach or violation; and

(g) the likely impact of the imposition of the penalty on the person.

(4) In the case of a continuing contravention, the adjudicating officer may

impose a penalty not exceeding twenty-five thousand rupees for every day during

which the default continues.

(5) The amount of any penalty under this section, if not paid, may be recovered

as if it were an arrear of land revenue.

(6) All sums realised by way of penalties imposed by the adjudicating officer

shall be credited to the Consolidated Fund of India.

71. (1) Without prejudice to any penalty imposed by the adjudicating officer

under section 70, whoever––

(a) commits a breach or violation referred to in sub-section (1) of section 70

which is likely to pose a grave threat or risk to public or environment; or

knowingly or repeatedly commits any such breach or violation;

(b) carries out any of the activities without a licence or safety

authorisation for which a licence or safety authorisation is required

under this Act;

Punishment for

offences.

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Offences by

companies.

Offences by

Government

Departments.

(d) fails to comply with the provisions of section 15;

(e) fails to deposit the amount under section 68; or

(f) fails to pay the penalty imposed by the adjudicating officer under

section 70,

shall be deemed to be an offence under this Act and be punishable with

imprisonment for a term which may extend to five years or with fine or with both.

(2) Whoever obstructs any authority or officer in the exercise of their powers

under this Act shall or knowingly makes any false, declaration or statement in any

return or reports submitted to the Central Government or the Board be punishable with

imprisonment for a term which may extend to three years or with fine or with both.

(3) Whoever abets or attempts or conspires to commit any offence specified

in sub-section (1) or sub-section (2), shall be liable to the same punishment as they

apply to such offences.

(4) Whoever takes part in or commits or abets or incites the unauthorised

removal or use of source material or fissile material or radioactive material or

discloses any restricted information shall be punishable for a term which may extend

to ten years of rigorous imprisonment or with fine or with both.

(5) Where an offence under this section relates to a factory, mine or any

facility, then the occupier, owner or the employer of such factory, mine or facility,

at the time the offence was committed, 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 section shall render such occupier,

owner or employer 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.

72. (1) Where an offence under this Act has been committed by a company,

every person who, at the time the offence was committed was directly 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 under this Act, 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 also 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, “director”, in relation to,—

(i) a firm, means a partner in the firm;

(ii) an association of individuals, means authorised representative of the

association.

73. Where an offence under this Act has been committed by any Department

of the Government, the Head of the Department shall be deemed to be guilty of the

offence and shall be liable to be proceeded against and punished accordingly:

Sec. 2]

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46 of 2023.

Provided that nothing contained in this section shall render such Head of the

Department 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.

74. (1) The offences under section 71 shall be cognizable under the Bharatiya

Nagrik Suraksha Sanhita, 2023, but no action shall be taken in respect of any person

for the offence under this Act except upon a written complaint made by a person

duly authorised by the Central Government or the Board:

Provided that proceedings in respect of offences under sub-section (4) of

section 71 shall not be instituted except with the consent of the Attorney General

for India.

(2) No court inferior to that of a Judicial Magistrate of the first class shall try

any offence under this Act.

75. Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

Sanhita, 2023, upon a complaint made under section 74, a police officer not below

the rank of Inspector of Police shall investigate offences under this Act.

76. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

Sanhita, 2023 and save as provided in this section, any offence punishable under

this Act may either before or after the institution of any proceeding, be compounded

by the court before which such proceedings are pending.

(2) In deciding whether to compound an offence under this Act, the Judicial

Magistrate shall have regard to the following factors, namely:—

(a) gravity of the conduct;

(b) risk posed to the public;

(d) steps taken towards restitution of the default;

(e) the opinion of the Central Government or Board; and

(f) any other factor which may be notified by the Central Government.

(3) The offences under clauses (d), (e) and (f) of sub-section (1)

and sub-section (4) of section 71 or any offence which poses a serious risk to

nuclear safety or nuclear security, shall not be compoundable.

CHAPTER X

MISCELLANEOUS

77. (1) The Central Government may, after due appropriation made by

Parliament by law in this behalf, make to the Board grants of such sums of money

to enable the Board to carry out its functions under this Act.

(2) The Board shall prepare, in such form and at such time in each financial

year, as may be prescribed, its budget for the next financial year, showing the

estimated receipts and expenditure of the Board and submit the same to the Atomic

Energy Commission.

78. (1) The Board shall maintain proper accounts and other relevant records

and prepare an annual statement of accounts in such form as may be prescribed.

(2) The accounts of the Board shall be audited by the Comptroller and

Auditor-General of India at such intervals as may be specified by him and any

expenditure incurred by him in connection with such audit shall be

reimbursed to him by the Board.

(3) The Comptroller and Auditor-General of India and any other person

appointed by the Comptroller and Auditor-General in connection with the audit of

Cognizance of

offences.

Power to

investigate

offences.

Power to

Compound

offences.

Grants by

Central

Government to

Board.

Accounts and

audit of Board.

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Furnishing of

returns and

reports by

Board.

Furnishing of

annual report by

Claims

Commission.

Bar on

jurisdiction of

civil court.

Protection of

action taken in

good faith.

Power to amend

First and Second

Schedules.

Power to make

rules.

the accounts of the Board shall have the same rights and privileges and authority

in connection with such audit as the Comptroller and Auditor-General of

India generally has in connection with the audit of the Government accounts

and, in particular, shall have the right to demand the production of books,

accounts, connected vouchers and other documents and papers, and to inspect

any of the offices of the Board.

(4)

The accounts of the Board as certified by the Comptroller

and Auditor-General of India or any other person appointed by him in this

behalf together with the audit report thereon shall be forwarded annually to the

Central Government and the Central Government shall cause the same to be laid

before each House of Parliament.

79. (1) The Board shall furnish to the Central Government, at such time and

in such form and the manner as may be prescribed, such returns and statements

and such particulars in relation to finance and accounts as the Central Government

may, from time to time, require.

(2) The Board shall prepare, once in every year, an annual report giving

a summary of its activities during the previous year and copies of the report shall

be forwarded to the Atomic Energy Commission.

(3) The Central Government shall cause a copy of the report referred to

in sub-section (2) to be laid before each House of Parliament.

80. The Claims Commission shall prepare, in such form and at such

time in each financial year, as may be prescribed, an annual report giving full

account of its activities during that financial year and submit a copy

thereof to the Central Government which shall cause the same to be laid

before each House of Parliament.

81. No civil court shall have jurisdiction to entertain any suit or proceedings

in respect of any matter which the Central Government, the Board, the

Appellate Tribunal, the Claims Commission or the Claims Commissioner, as the

case may be, is empowered to determine or adjudicate, under this Act and no

injunction shall be granted by any court or other authority in respect of any action

taken or to be taken in pursuance of any power conferred by or under this Act.

82 No suit, prosecution or other legal proceeding shall lie against the Central

Government or the Board or the Council, or any of their employees and officers or

any person acting on their behalf, in respect of anything done or intended to be

done in good faith under this Act or the rules or regulations made thereunder.

83. (1) If the Central Government is satisfied that it is necessary or

expedient so to do, it may review the amount of––

(a) penalties specified in the First Schedule, to provide for a higher or

lower amount for any category of breach or violation; or

(b) operator’s liability specified in the Second Schedule, to provide for

a higher or lower amount having regard to deployment of nuclear

installations with advanced technology and enhanced safety features and

other relevant criteria,

and by notification, amend the First Schedule or the Second Schedule and

thereupon the First Schedule or the Second Schedule, as the case may be, shall be

deemed to have been amended accordingly.

(2) A copy of every notification issued under sub-section (1), shall be laid as

soon as may be after it is issued, before each House of Parliament.

84. (1) The Central Government may, by notification, make rules for

carrying out the provisions of this Act.

Sec. 2]

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(2)

In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following matters,

namely:—

(a) the measures to be taken for security of radioactive substance under

sub-section (4) of section 4;

(b) the form and manner of application for licence and the documents,

information and fee, under sub-section (1) of section 6;

sub-section (1) of section 7;

(d) the manner of taking control of the facility or mine and for

compliance with other obligations under sub-section (4) of section 8;

(e) the terms and conditions of safety, security and safeguards under

sub-section (2), and the manner of maintaining sufficient financial security

under clause (e) of sub-section (3), of section 10;

(f)

the manner of establishing Nuclear Liability Fund under

sub-section (2) of section 14;

(g) the manner of obtaining an insurance policy or such other financial

security under sub-section (1) of section 15;

(h) the qualifications and experience of Chairperson and Members of

Board under sub-section (3) of section 17;

(i) the procedure to be followed by the search-cum-selection committee

for recommending names of Chairperson and Members of Board under

sub-section (5) of section 17;

(j) the salaries, allowances, incentives, entitlements and other conditions of

service of officers and employees of Board under sub-section (2) of section 23;

(k) the other powers to be exercised and functions to be performed by

Board under clause (r) of sub-section (3) of section 24;

(l) the manner of carrying out inspection and verification under

sub-section (2) of section 28;

(m) the manner of conducting investigation under sub-section (2) of

section 29;

(n) the manner of carrying out search and seizure under sub-section (2)

of section 30;

(o) the manner in which acquisition shall be carried out under

sub-section (3) of section 33;

(p) the terms and conditions for inviting technical experts to the meetings

of the Council under sub-section (3) of section 47;

(q) the times, places, rules of procedure and quorum for meetings of

Council under sub-section (4) of section 47;

(r) the manner and composition of search-cum-selection committee for

appointment of Technical Member (Atomic Energy) under sub-section (2) of

section 50;

(s) the form and manner of filing an appeal before the Appellate Tribunal

under sub-section (1) of section 51;

(t) the other powers to be exercised by Chairperson of Claims

Commission under section 58;

(u) the salary and allowances and other terms and conditions of service

of the Chairperson and Members of Claims Commission under sub-section (2)

of section 59;

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Power to make

regulations.

Rules,

regulations to be

laid before

Parliament.

(v) the salary and allowances payable to and the terms and other

conditions of service of officers and other employees of Claims Commission

under sub-section (2) of section 62;

(w) the form and manner of application for compensation before Claims

Commissioner or Claims Commission under sub-section (2) of section 64;

(x) the procedure to be followed for adjudication of claims for nuclear

damage under sub-section (1) of section 65;

(y) the terms and conditions for engaging experts for holding inquiry and

payment of remuneration, fee or allowances to them under sub-section (2) of

section 65;

(z) any other matter under clause (f) of sub-section (3) of section 65;

(za) the form and time of preparing budget under sub-section (2) of

section 77;

(zb) the form of preparation of annual statement of accounts under

sub-section (1) of section 78;

(zc) the time, form and manner of furnishing returns, statements and

particulars under sub-section (1) of section 79;

(zd) the form and time of preparing annual report by Claims Commission

under section 80;

(ze) any other matter which is to be, or may be, prescribed, or in respect

of which provision is to be made, by rules.

85. (1) The Board may, by notification, make regulations for carrying out the

provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such regulations may provide for all or any of the following matters,

namely:—

(a) the facilities or activities requiring safety authorisation under

sub-section (3) of section 3;

(b) radiological emergency under sub-section (3) of section 4;

documents, information and fee under sub-section (2) of section 6;

(d) the manner and terms and conditions for granting a safety

authorisation under sub-section (2) of section 7;

(e) the time, places, rules of procedure and quorum of meetings of Board

under section 21;

(f) the grant of safety authorisation during various stages of lifetime of

nuclear and radiation facilities and associated activities under clause (e) of

sub-section (3) of section 24;

(g) the manner of review of order or decision of Chairperson or

Whole-time Member or officer under sub-section (2) of section 27;

(h) any other matter which is to be, or may be, specified, or in respect of

which provision is to be made, by regulations.

86. Every rule and every regulation 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, before the expiry of the session immediately

following the session or the successive sessions aforesaid, both Houses agree in

Sec. 2]

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33 of 1962.

38 of 2010.

making any modification in the rule or regulation, or both Houses agree that the rule

or regulation should not be made, the rule or regulation 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 or regulation.

87. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any enactment other than this Act or any

instrument having effect by virtue of any enactment other than this Act.

88. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Central Government may, by order published in the Official Gazette, make such

provisions, not inconsistent with the provisions of this Act, as may be necessary or

expedient, for removing the difficulty.

(2) No order shall be made under this section after the expiry of five years

from the date of commencement of this Act.

(3) Every order made under this section shall be laid, as soon as may be after

it is made, before each House of Parliament.

89. The enactment specified in the Third Schedule is hereby amended to the

extent and in the manner mentioned in the fourth column thereof.

90. The provisions of this Act shall be binding on the Government.

91. (1) The Atomic Energy Act, 1962 and the Civil Liability for Nuclear

Damage Act, 2010 are hereby repealed.

(2) Notwithstanding the repeal of the enactments aforesaid, any action taken,

including creation of any body or authority, grant of licence or permissions by

whatever name called, grant of exemption, conduct of inspection or investigation or

passing of orders, issuance of notice, any document or instrument executed, funds

collected or any proceedings, complaints or appeal pending or ongoing, under the

enactments so repealed, shall be deemed to have been done or taken under this

Act.

(3) All rules, notifications, orders, directions and regulatory documents made or

issued or purported to have been made or issued under the enactments so repealed

shall, in so far as they relate to matters for which provision is made in this Act and

are not inconsistent therewith, be deemed to have been made or issued under this

Act as if this Act had been in force on the date on which such rules, notifications,

orders, directions and regulatory documents were made or issued, and shall continue

in force unless and until they are superseded by any rule, notification, order,

direction or regulatory document made or issued under this Act.

(4) Any person appointed to any office under or by virtue of any enactment

hereby repealed shall be deemed to have been appointed by that office under or by

virtue of this Act.

(5) Any principle or rule of law, practice or procedure or existing usage,

custom, privilege, restriction or exemption shall not be affected, notwithstanding

that the same respectively may have been in any manner affirmed or recognised or

derived by, in, or from, the enactments hereby repealed.

(6) The offices existing on the commencement of this Act shall continue as if

they have been established under the provisions of this Act.

Act to have an

overriding

effect.

Power to remove

difficulties.

Amendment of

Act No. 39 of

1970.

Act binding on

Government.

Repeal and

saving.

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STATEMENT OF OBJECTS AND REASONS

The Atomic Energy Act, 1962 (33 of 1962) was enacted, after repealing the

Atomic Energy Act, 1948, to provide for a legal framework for the development,

control and use of atomic energy, for the welfare of the people of India and for other

peaceful purposes. Thereafter, the Atomic Energy Act, 1962 was amended in the

years 1986, 1987 and 2015. The progressive amendments over the years gradually

broadened the scope of nuclear power production originally confined to the Central

Government, to Government companies and joint ventures among them. In the

year 2010, the Civil Liability for Nuclear Damage Act, 2010 (38 of 2010) was

enacted to provide for civil liability for nuclear damage and prompt compensation

to the victims of nuclear incident through a no-fault liability regime.

2. With the strong research and development support since inception of the

nuclear power programme, India could achieve self-reliance in nuclear fuel cycle

technology and has been carrying out its nuclear power programme in a responsible

manner. With adequate experience now in place, the time is ripe to augment its

nuclear installed capacity to ensure clean energy security and reliable round-the-

clock power for national data centres and future ready applications.

3. India has set an ambitious target to achieve energy independence with a

roadmap for decarbonisation of the economy by 2070 and to achieve 100 Giga Watt

of nuclear power capacity by 2047. To achieve this goal, it is imperative to enact a

new legislation to harness the full potential of India’s nuclear energy and indigenous

resources through active involvement of both the public and private sectors. It

further seeks to leverage the contribution of domestic nuclear energy for augmenting

the global nuclear energy ecosystem.

4. In view of the reasons mentioned in the preceding paragraphs, it is necessary

to enact a new comprehensive legislation, namely, the Sustainable Harnessing and

Advancement of Nuclear Energy for Transforming India Bill, 2025 and to repeal

the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010.

The new legislation is aligned to achieve the objectives of increasing the share of

nuclear energy in the total energy mix of India, facilitate innovation in nuclear

science and technology, expand its applications to non-power applications and

continue to honour India’s obligations towards safety, security, safeguards and

towards nuclear liability.

5. The Bill, inter alia, seeks to provide for the following, namely:—

(i) to provide for licence and safety authorisation to the persons specified

in clause 3 of the Bill for the production or use of nuclear energy and providing

for the suspension and cancellation of such licence and safety authorisation in

certain situations;

(ii) to provide for regulation of application of nuclear and radiation

technology in health care, food and agriculture, industry, research, and other

non-power uses;

(iii) to exempt research, development and innovation activities from

licence;

(iv) to provide for a pragmatic civil liability regime for nuclear damage;

(v) to confer statutory status to the Atomic Energy Regulatory Board;

(vi)

to strengthen the implementation of security, safeguards and

provide policy framework for quality assurance and smooth coordination for

emergency preparedness and response;

100

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Notes on clauses

Clause 1 of the Bill provides for the short title and commencement of the Bill.

Clause 2 of the Bill defines the various words and expressions used in the Bill

such as “nuclear damage”, “nuclear energy”, “nuclear facility”, “nuclear incident”,

“prescribed substance”, “radiation”, etc.

Clause 3 of the Bill, inter alia, permits the Department of Government of

India, any Company, joint venture, etc., to set up the facilities or undertake the

activities specified in this clause only under a licence or safety authorisation. It

further empowers the Central Government to reserve certain activities of sensitive

nature under its exclusive control.

Clause 4 of the Bill enables the Board to regulate the manufacture, use, export,

import, transport, transfer, etc., of any radioactive substances and radiation

generating equipment. It further empowers the Central Government to specify

measures for the security of radioactive substances.

Clause 5 of the Bill empowers the Central Government to undertake

exploration activities for discovery of uranium or thorium. It provides for notifying

the threshold values of uranium and thorium content in minerals, above which

mining would be permitted only to the Government and Government undertakings.

It, inter alia, empowers the Central Government to impose certain terms and

conditions on persons engaged in mining substances from which uranium can be

isolated or extracted.

Clause 6 of the Bill provides for making an application accompanied by fee

and relevant documents and information for grant of licence and safety

authorisation.

Clause 7 of the Bill, inter alia, provides for grant of licence and safety

authorisation by the Central Government and the Board, subject to the terms and

conditions laid down in the rules and regulations, respectively. It further empowers

the Central Government and the Board to refuse the grant of licence and safety

authorisation.

Clause 8 of the Bill provides the grounds for suspension, modification,

curtailment of duration and cancellation of licence and safety authorisation and the

actions the Central Government or the Board may take pursuant to such suspension,

modification, curtailment or cancellation of the licence or safety authorisation.

Clause 9 of the Bill enables any person to carry out research, development,

design and innovation in matters related to nuclear energy and radiation for the

peaceful use, except for the activities of sensitive nature which are exclusively

reserved for the Central Government.

Clause 10 of the Bill provides for duties of persons granted a licence or safety

authorisation. The said clause, inter alia, imposes restrictions, prohibitions as well

as obligations on person who has been granted licence or safety authorisation for

ensuring compliance with safety, security, safeguards and liability requirements.

Clause 11 of the Bill, inter alia, provides that the operator shall be liable for

nuclear damage caused by a nuclear incident occurring in a nuclear installation as

well as for nuclear incident occurring outside the nuclear installation involving

nuclear material in the course of carriage before and after another operator has

assumed the liability.

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Clause 12 of the Bill provides for the circumstances under which the operator

shall not be liable for nuclear damage including where a nuclear damage is caused

by nuclear incident directly due to a grave natural disaster of an exceptional

character or by acts of armed conflict, hostility, civil war, insurrection or terrorism.

Clause 13 of the Bill makes provisions relating to limits of liability. It provides

the maximum amount of liability of the operator for various categories of nuclear

installations specified in the Second Schedule.

Clause 14 of the Bill provides for the liability of the Central Government. It

seeks to limit the liability of the Central Government in certain circumstances. It

further empowers the Central Government to establish Nuclear Liability Fund for

the purpose of meeting its liability.

Clause 15 of the Bill imposes an obligation upon the operator to take out,

before beginning the operation of a nuclear installation, insurance policy or such

other financial security covering his liability as specified in the Second Schedule

and to renew the same. However, the nuclear installation owned by the Central

Government is exempted from this obligation.

Clause 16 of the Bill provides that the operator of a nuclear installation shall

have a right of recourse where such right is expressly provided for in a contract in

writing or where the nuclear incident has resulted from the act of commission or

omission of a person done with the intent to cause nuclear damage.

Clause 17 of the Bill provides for the constitution of the Atomic Energy

Regulatory Board. It further provides for composition of the Board and the

appointment of the Chairperson and its Members on the recommendations of the

search-cum-selection committees constituted for the purpose. The said clause also

enables Central Government to notify the financial and administrative powers of the

Chairperson as may be necessary for the autonomous functioning of the Board.

Clause 18 of the Bill provides for the tenure, terms of office and other

conditions of service of Chairperson and Members of the Board. It further provides

for certain restrictions on Chairperson or Members of the Board during their

employment and after cessation of office.

Clause 19 of the Bill provides that the Chairperson or Member may relinquish

his office by giving in writing to the Central Government a notice of not less than

three months or be removed from the office in accordance with provisions of this

clause.

Clause 20 of the Bill provides that the Central Government shall, within a

period of three months from the date of occurrence of any vacancy by reason of

death, resignation or removal of the Chairperson or a Member make a reference to

the search-cum-selection committee for filling up the vacancy.

Clause 21 of the Bill provides for conduct of meetings of the Board. It

provides that the Board shall meet at such times and places, and observe such rules

of procedure in regard to the transaction of business at its meetings (including

quorum at such meeting) as may be specified by regulations.

Clause 22 of the Bill seeks to provide that the vacancies, etc., shall not

invalidate the proceedings of the Board.

Clause 23 of the Bill enables the Central Government to provide the Board

with such number of officers and employees of various categories and post, for the

effective functioning of the Board. It further makes provision for the salaries,

allowances, incentives, entitlements and other terms and conditions of service of the

officers and employees of the Board.

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Clause 24 of the Bill provides for powers and functions of the Board to ensure

that the use of radiation and nuclear energy is safe for the health of the radiation

workers, members of the public and the environment. Its powers and functions,

inter alia, include framing regulations and programmes for nuclear, radiation and

occupational health and safety, issuance of regulatory documents, specify criteria

for notification of nuclear incident, etc.

Clause 25 of the Bill empowers the Central Government to constitute one or

more regulatory bodies for regulation of facilities and activities which are sensitive

in nature or have national security implications. The said clause further empowers

the Government, inter alia, to take all such measures for securing public and

environmental safety.

Clause 26 of the Bill provides for notification of nuclear incident by the

Central Government within ten days from receipt of recommendations from the

Board but shall not be required to notify nuclear incident where it is satisfied that

the gravity of threat and risk involved in such nuclear incident is insignificant.

Clause 27 of the Bill empowers the Board to delegate to the Chairperson or

the Whole-time Member or its officer or State Government officer not below the

rank of Director in Government of India, any of its powers and functions except the

power to frame regulations and issue regulatory documents. It further provides for

review by the Board of the order or decision taken by the delegated authority on an

application submitted to the Board in accordance with manner specified by

regulations.

Clause 28 of the Bill provides for powers of inspection to the Central

Government and the Board under certain circumstances.

Clause 29 of the Bill empowers the Central Government and the Board to

carry out an investigation upon a complaint or occurrence of a nuclear or

radiological event, etc.

Clause 30 of the Bill provides for powers of search and seizure to the Central

Government and the Board. It further provides for availing the assistance of police

officer or any officer of Central Government while conducting the search and

seizure.

Clause 31 of the Bill provides the actions which the Central Government or

the Board may take in pursuance of the investigation or search and seizure, which

among others include sealing, seizing of the material or equipment by the Central

Government, issuing warning, de-recognise or de-certify any personnel, modify,

suspend, curtail the duration or cancel the licence or safety authorisation or impose

penalties or lodge complaint.

Clause 32 of the Bill empowers the Central Government, inter alia, to frame

various national policies related to nuclear energy, safety, radioactive waste

management, security and safeguards, quality assurance and control, etc., and

entrusts with it with various functions.

Clause 33 of the Bill empowers the Central Government to acquire prescribed

substance, radioactive substance, material, equipment, plant, facility, mine and

rights to work on mine or minerals from which prescribed substance can be

obtained. It further provides, inter alia, that upon acquisition of an abandoned plant,

the Government may take measures, as considered necessary, for development and

safe operation of the plant, the disposal of the prescribed substance, spent fuel

management, etc.

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Clause 34 of the Bill vests the Central Government with the right to require

that any substance, which in its opinion, contains uranium, thorium, plutonium or

any of their isotopes or any other source material or fissile material shall be

delivered to it.

Clause 35 of the Bill provides for novation of contract and upon such novation,

the rights and liabilities of any of the parties to such contract shall be transferred to

the Central Government. It further provides the procedure to be adopted for novation

of the contracts.

Clause 36 of the Bill sets out the principles relating to the payment of

compensation in those cases where it is payable under the Bill. While determining

the amount of compensation payable, no consideration shall be made for the value

of uranium, thorium, plutonium or any of their isotopes, contained in any substance

or material including the cost of transportation incurred during its delivery.

Clause 37 of the Bill empowers the Central Government to fix the tariff for

supply of electricity from nuclear power plants based on norms and mechanism

notified by it. It further provides that while specifying the norms, due regard shall

be given to cost of fuel, cost of spent fuel management, decommissioning cost and

other services or factors as decided by the Central Government.

Clause 38 of the Bill opens up the patent regime for inventions related to

peaceful uses of the nuclear energy and radiation, except for the activities of

sensitive nature which are exclusively reserved for the Central Government. It

further provides the procedure for grant of patent in relation to the Bill.

Clause 39 of the Bill empowers the Central Government to declare the

information to be regarded as ‘restricted information’ under the Bill and lays down

prohibitions in respect of disclosure of such information. It further debars the

disclosure of restricted information under the Right to Information Act, 2005.

Clause 40 of the Bill empowers the Central Government to declare any

premises as ‘prohibited area’ where work including research, design or development

is carried on in respect of the production, treatment, use, application or disposal of

nuclear energy or of any prescribed substance and lays down the prohibition on

entry and accessing any photograph, sketch, pictures, drawing, map or other

document from a prohibited area without its permission.

Clause 41 of the Bill empowers the Central Government to call upon any

information from any person regarding any substance, material, plant, facility, mine,

processes, etc., under his possession or any other information as it may consider

necessary for the purpose of discharging its functions under this Bill.

Clause 42 of the Bill vests in the Central Government, the authority to

administer the provisions of the Occupational Safety, Health and Working

Conditions Code, 2020, and to enforce its provisions in relation to factories

belonging to it or a company fully owned or controlled by it and engaged in carrying

out the purposes of this Bill. It further enables the Central Government to entrust

the Board with the authority to administer certain provisions of the said Code with

respect to occupational health and safety of workers in relation to such factories.

Clause 43 of the Bill empowers the Central Government to delegate any of its

powers, except the power to make rules, to officer or authority subordinate to the

Central Government or to State Government or officer or authority subordinate to a

State Government, not below the rank of Director.

Sec. 2]

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Clause 44 of the Bill empowers the Central Government to exempt, by

notification, any plant, facilities, prescribed substance or quantity of prescribed

substance or prescribed equipment and technology from the requirements of licence

or liability or any provisions of this Bill where it is of the opinion that the risk

involved is insignificant and the reasons for such exemption shall be specified in the

notification.

Clause 45 of the Bill empowers the Central Government to issue directions to

any licensee or any other person for ensuring compliance with the provisions of the

Bill after giving a reasonable opportunity of being heard, and every such licensee or

person shall be bound to comply with such directions.

Clause 46 of the Bill provides that in case of declaration of national

emergency, complete powers shall vest with the Central Government to assume

control over the nuclear and radiation facilities, materials, equipment, etc., and to

take all measures necessary or expedient in the exercise of such powers.

Clause 47 of the Bill provides for establishment of an Atomic Energy

Redressal Advisory Council. It further provides for the composition of the council,

provision to invite technical experts and the conduct of the meetings of the Council

shall be in accordance with the rules made.

Clause 48 of the Bill provides that a licensee or holder of safety authoritsation

or any person aggrieved by an order or decision of the Central Government or the

Board including fixation of tariff may submit an application for review to the

Council. It further enables the Council, inter alia, to examine the review application

to facilitate re-conciliation and settlement of disputes.

Clause 49 of the Bill provides that the Appellate Tribunal for Electricity

established under the Electricity Act, 2003 shall be the Appellate Tribunal for the

purposes of this Bill to hear and dispose appeals in matters under the Bill.

Clause 50 of the Bill provides that the Appellate Tribunal for Electricity, in

addition to its existing composition shall consist of a maximum of two additional

Technical Members having expertise in matters related to nuclear energy.

Clause 51 of the Bill enables the Appellate Tribunal to hear appeals against

the order of Council or penalty imposed by the adjudicating officer. It further

provides the procedure for filing of appeal and adjudication by the Appellate

Tribunal.

Clause 52 of the Bill provides for filing an appeal before the Supreme Court

against the order of the Appellate Tribunal.

Clause 53 of the Bill provides the territorial jurisdiction for submitting claims

for nuclear damage.

Clause 54 of the Bill confers a right upon a person who suffers nuclear damage

to claim compensation in accordance with the provisions of the Bill and claims for

such compensation shall be adjudicated by one or more Claims Commissioners to

be designated by the Central Government by notification.

Clause 55 of the Bill makes provisions for inviting applications for claims by

the Claims Commissioner. It provides that the Claims Commissioner shall, after the

notification of a nuclear incident, cause wide publicity to be given for inviting

applications for claiming compensation for nuclear damage.

Clause 56 of the Bill empowers the Central Government to establish a Nuclear

Damage Claims Commission considering the extent and severity of nuclear damage.

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Clause 57 of the Bill provides for the composition of the Nuclear Damage

Claims Commission. It further provides for the qualification for being appointed as

Chairperson and Members of the Claims Commission.

Clause 58 of the Bill makes provisions relating to powers of the Chairperson

of the Nuclear Damage Claims Commission. It provides that the Chairperson shall

have the power of superintendence in the general administration of the Commission

and exercise such powers as may be made by rules.

Clause 59 of the Bill makes provisions for the age limit and term of office of

the Chairperson and Members of the Nuclear Damage Claims Commission. It

further provides for the salaries and allowances payable to and other terms and

conditions of service of the Chairperson and other Members of the Nuclear Damage

Claims Commission

Clause 60 of the Bill makes provisions for resignation and removal of the

Chairperson or Member of the Nuclear Damage Claims Commission.

Clause 61 of the Bill makes provisions for filling up of vacancies in the office

of Chairperson or Members of the Nuclear Damage Claims Commission.

Clause 62 of the Bill provides for appointment of officers and other employees

of the Nuclear Damage Claims Commission. It further provides that the Central

Government shall provide the Commission with such officers and other employees

as it may deem fit.

Clause 63 of the Bill provides for adjudication of claims for nuclear damage

by Nuclear Damage Claims Commission. It further empowers the Chairperson of

the Claims Commission to constitute benches for the purpose of hearing of claims

and that any decision thereon shall be rendered by a majority of the Members

hearing such claims.

Clause 64 of the Bill specifies the category of persons entitled to make

application for nuclear damage and procedure for making applications before the

Claims Commissioner and the Nuclear Damage Claims Commission.

Clause 65 of the Bill provides for the procedure to be followed by the Claims

Commissioner and Nuclear Damage Claims Commission and powers to be

exercised them for adjudicating claims for nuclear damage.

Clause 66 of the Bill provides for making of awards by the Claims

Commissioner and the Nuclear Damage Claims Commission.

Clause 67 of the Bill provides for extinction of right to claim. It, inter alia,

provides that the right to claim compensation for any nuclear damage caused by a

nuclear incident shall extinguish if such claim is not made within a period of ten

years for damage related to property and twenty years for personal injury from the

date of incident.

Clause 68 of the Bill provides for enforcement of awards. It provides that

when an award is made by the Claims Commissioner or by the Nuclear Damage

Claims Commission, the insurer or the person responsible under the contract of

insurance or financial security to pay the amount of such award to the extent of his

liability, shall be required to deposit such amount within such time and in such

manner as directed by the Claims Commissioner or the Commission and the

remaining amount by which such award exceeds the amount so deposited shall be

deposited by the operator, subject to the maximum extent of his liability provided

in the Second Schedule of the proposed legislation.

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Clause 69 of the Bill provides for dissolution of Nuclear Damage Claims

Commission in certain circumstances. It further provides for consequences of such

dissolution.

Clause 70 of the Bill empowers the Central Government or the Board to

designate an officer, not below the rank of Joint Secretary, as an adjudicating officer

for levying monetary penalties for breach and violation which are of less severe

nature. It further provides that the amount collected through imposition of penalties

shall be credited to the Consolidated Fund of India.

Clause 71 of the Bill provides for imposition of a punishment of imprisonment

up to five years or fine or with both for grave offences under the Bill, and a lesser

punishment for less serious offences. It further provides, inter alia, that the act of

commission or abetment or incitement of unauthorised removal or use of source

material or fissile material or radioactive material or disclosure of restricted

information shall be punished with rigorous imprisonment up to ten years or with

fine or with both, etc.

Clause 72 of the Bill provides for offences by companies. It provides that

where an offence under the Bill has been committed by a company, every person

directly in charge of, and responsible to, the company for the conduct of its business

at the time of commission of offence shall be deemed to be guilty of the offence and

shall be liable to be proceeded against and punished accordingly unless he proves

that the offence was committed without his knowledge or that he exercised all due

diligence to prevent the commission of such offence.

Clause 73 of the Bill provides for offences by Government Departments. It

provides that where an offence under the Bill has been committed by any

Department of the Government, the Head of the Department shall be deemed to be

guilty of the offence and shall be liable to be proceeded against and punished

accordingly, in accordance with the provisions of the said clause.

Clause 74 of the Bill provides for cognizance of offences. It provides that no

court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the

first class shall try any offence under the Bill and that cognizance of such offence

shall be taken only on a complaint made by the Central Government or any authority

or officer authorised by it.

Clause 75 of the Bill provides that upon a complaint lodged under the Bill,

only a police officer not below the rank of Inspector of Police shall investigate the

offences.

Clause 76 of the Bill provides for compounding of certain offences by the court

and the factors to be considered for deciding whether to compound such offence.

Clause 77 of the Bill provides for grants of money to the Board after due

appropriation made by Parliament. It further requires the Board to prepare budget in

each financial year for the next financial year showing the estimated receipts and

expenditure of the Board and to forward the same to the Atomic Energy Commission.

Clause 78 of the Bill provides for maintenance of proper accounts and other

relevant records by Board. It requires the Board to prepare an annual statement of

accounts in such form as may be made by rules, which shall be audited by

Comptroller and Auditor-General of India at such intervals as specified by it. It

further provides for the accounts of the Board, as certified by Comptroller and

Auditor-General of India or any other person appointed by him in this behalf,

together with the audit report thereon, to be forwarded annually to the Central

Government and to be laid before each House of Parliament.

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Clause 79 of the Bill provides for furnishing of returns, statements and such

other particulars in relation to finance and accounts by Board to the Central

Government at such time and in such form and the manner as may be made by rules.

It further provides for forwarding of the annual report by Board to the Atomic

Energy Commission.

Clause 80 of the Bill provides for preparation of annual report by Claims

Commission. It provides that the Nuclear Damage Claims Commission shall prepare

in each financial year an annual report giving full account of its activities during

that financial year in the manner provided by rules to be made by the Central

Government and submit a copy to the Central Government to enable it to lay the

same before each House of Parliament.

Clause 81 of the Bill provides for exclusion of jurisdiction of civil courts. It

provides that no civil court shall have jurisdiction to entertain any suit or

proceedings in respect of which the Central Government, the Board, the Nuclear

Damage Claims Commission or the Claims Commissioner is empowered to

adjudicate under the Bill. It further provides that no injunction shall be granted by

any court or other authority in respect of any action taken or to be taken in pursuance

of any power conferred by or under the Bill.

Clause 82 of the Bill provides for protection of action taken in good faith. It

provides that no suit, prosecution or other legal proceedings shall lie against the

Central Government or the Board or the Council or any person acting on their behalf

for anything which is in good faith done or intended to be done under the Bill or the

rules and regulations made thereunder.

Clause 83 of the Bill empowers the Central Government to amend by

notification the First Schedule to specify higher or lower amount of penalty relating

to any category of breach or violation, and the Second Schedule to increase or

decrease the amount of liability of the operator, having regard to the extent of risk

involved in a nuclear installation. It further requires a copy of such notification to

be laid before each House of Parliament as soon as it is issued.

Clause 84 of the Bill empowers the Central Government to make rules for

carrying out the provisions of the Bill. Sub-clause (2) of the said clause enumerates

the various matters in respect of which such rules may be made.

Clause 85 of the Bill empowers the Board to make regulations for carrying

out the provisions of the Bill. Sub-clause (2) of the said clause enumerates the

various matters in respect of which such regulations may be made.

Clause 86 of the Bill provides for laying of every rule and regulations before

each House of Parliament.

Clause 87 of the Bill provides for an overriding effect to the provisions of the

Bill. It provides that the provisions of the Bill shall have effect notwithstanding the

provisions contained in any other enactment other than the Bill or any other

instrument having effect by virtue of any enactment other than the Bill.

Clause 88 of the Bill provides for power to remove difficulties. It empowers

the Central Government to issue an order for removing the difficulty arising in

giving effect to the provisions of the Bill, within a period of five years from the date

of commencement of the Bill. It further requires every such order to be laid before

each House of Parliament immediately.

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FINANCIAL MEMORANDUM

The Bill seeks to repeal the Atomic Energy Act, 1962 (33 of 1962) and the

Civil Liability for Nuclear Damage act, 2010 (38 of 2010) and to enact a new

comprehensive legislation, namely, the Sustainable Harnessing and Advancement

of Nuclear Energy for Transforming India Bill, 2025 primarily to harness the full

potential of India’s nuclear energy by involving public and private sectors.

2. Clause 14 of the Bill provides for the liability of the Central Government in

the event of a nuclear incident. However, as the actual liability in the event of

nuclear incident would depend on the magnitude of the incident, it is difficult to

estimate the cost of liability at this stage. The Central Government has established

a Nuclear Liability Fund for the purpose of meeting its liability under the Bill.

3. Clause 17 of the Bill provides that the Atomic Energy Regulatory Board

constituted under the Atomic Energy Act, 1962 shall be deemed to have been

constituted under the Bill. The expenditure in respect of the said Board and its

officers and employees shall be met from the yearly Government budgetary support.

4. Clause 47 of the Bill provides for establishment of the Atomic Energy

Redressal Advisory Council, with ex officio members. The Council may invite a

maximum of three technical experts who will be paid sitting allowances for the

meetings.

5. Clause 49 of the Bill provides that the Appellate Tribunal established under

the Electricity Act, 2003 (36 of 2003) shall serve as the Appellate Tribunal for

hearing appeals filed under clause 51 of the Bill. Clause 50 of the Bill empowers the

Central Government to notify a maximum of two experts in nuclear energy as

Technical Members of the Appellate Tribunal. The salaries and allowances payable

to the Technical Members shall be same as other members of the Appellate Tribunal.

The said expenditure shall be met from the yearly Government budgetary support

6. Clause 54 of the Bill provides for designating Claims Commissioners for

adjudication of claims for nuclear damage. Further, depending on severity and

extent of nuclear damage, the Central Government may establish Nuclear Damage

Claims Commission under clause 56 of the Bill. The expenditure, both recurring

and non-recurring, towards the establishment of Claims Commissioner and Nuclear

Damage Claims Commission is not quantifiable at this stage, as it can be determined

only after their appointment in case of any nuclear incident.

7. In view of the above, there may not be any immediate significant increase

in the financial implication on the yearly budget of the Central Government on the

enactment of the Bill.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 42 of the Bill empowers the Central Government to make rules for the

administration of the provisions of the Occupational Safety, Health and Working

Conditions Code, 2020, in relation to any factory belonging to it or a company fully

owned or controlled by it and engaged in carrying out the purposes of this Bill.

2. Sub-clause (1) of clause 84 of the Bill empowers the Central Government

to make rules for carrying out the purposes of the proposed legislation.

Sub-clause (2) of the said clause specifies the matters in respect of which such rules

may be made, which inter alia, provides for (a) the measures for security of

radioactive substance to be taken under sub-section (4) of section 4; (b) the form

and manner of application for licence and the documents, information and fee, under

sub-section (1) of section 6; (c) the manner and terms and conditions for the grant

of licence under sub-section (1) of section 7; (d) the manner of taking control of the

facility or mine and for compliance with other obligations under sub-section (4) of

section 8; (e) the terms and conditions of safety, security and safeguards under

sub-section (2), and the manner of maintaining sufficient financial security under

clause (e) of sub-section (3), of section 10; (f) the manner of establishing Nuclear

Liability Fund under sub-section (2) of section 14; (g) the manner of obtaining an

insurance policy or such other financial security under sub-section (1) of section 15;

(h) the qualifications and experience of Chairperson and Members of Board under

sub-section (3) of section 17; (i) the procedure to be followed by the

search-cum-selection committee for recommending names of Chairperson and

Members of Board under sub-section (5) of section 17; (j) the salaries, allowances,

incentives, entitlements and other conditions of service of officers and employees

of Board under sub-section (2) of section 23; (k) the other powers to be exercised

and functions to be performed by Board under clause (r) of sub-section (3) of section 24;

(l) the manner of carrying out inspection and verification under sub-section (2) of

section 28; (m) the manner of conducting investigation under sub-section (2) of

section 29; (n) the manner of carrying out search and seizure under sub-section (2)

of section 30; (o) the manner in which acquisition shall be carried out under

sub-section (3) of section 33; (p) the terms and conditions for inviting technical

experts to the meetings of the Council under sub-section (3) of section 47; (q) the

times, places, rules of procedure and quorum for meetings of Council under

sub-section (4) of section 47; (r) the manner and composition of

search-cum-selection committee for appointment of Technical Member (Atomic

Energy) under sub-section (2) of section 50; (s) the form and manner of filing an

appeal before the Appellate Tribunal under sub-section (1) of section 51; (t) the other

powers to be exercised by Chairperson of Claims Commission under section 58; (u) the

salary and allowances and other terms and conditions of service of the Chairperson and

Members of Claims Commission under sub-section (2) of section 59; (v) the salary and

allowances payable to and the terms and other conditions of service of officers and

other employees of Claims Commission under sub-section (2) of section 62; (w) the

form and manner of application for compensation before Claims Commissioner or

Claims Commission under sub-section (2) of section 64; (x) the procedure to be

followed for adjudication of claims for nuclear damage under sub-section (1) of

section 65; (y) the terms and conditions for engaging experts for holding inquiry and

payment of remuneration, fee or allowances to them under sub-section (2) of

section 65; (z) any other matter under clause (f) of sub-section (3) of section 65; (za)

the form and time of preparing budget under sub-section (2) of section 77; (zb) the

form of preparation of annual statement of accounts under sub-section (1) of

section 78; (zc) the time, form and manner of furnishing returns, statements and

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particulars under sub-section (1) of section 79; (zd) the form and time of preparing

annual report by Claims Commission under section 80; and (ze) any other matter

which is to be, or may be, prescribed, or in respect of which provision is to be made,

by rules.

3. Sub-clause (1) of clause 85 of the Bill empowers the Atomic Energy

Regulatory Board to make regulations for carrying out the purposes of the proposed

legislation. Sub-clause (2) of the said clause specifies the matters in respect of which

such regulations may be made, which inter alia, provides for (a) the facilities or

activities requiring safety authorisation under sub-section (3) of section 3;

(b) radiological emergency under sub-section (3) of section 4; (c) the form and

manner of application for safety authorisation, and documents, information and fee

under sub-section (2) of section 6; (d) the manner and terms and conditions for

granting a safety authorisation under sub-section (2) of section 7; (e) the time,

places, rules of procedure and quorum of meetings of Board under section 21;

(f) the grant of safety authorisation during various stages of lifetime of nuclear and

radiation facilities and associated activities under clause (e) of sub-section (3) of

section 24; (g) the manner of review of order or decision of Chairperson or

Whole-time Member or officer under sub-section (2) of section 27; and (h) any other

matter which is to be, or may be, specified, or in respect of which provision is to be

made, by regulations.

4. The matters in respect of which the rules and regulations may be made are

matters of procedure and administrative detail and it is not practicable to provide for

them in the Bill itself. The delegation of legislative power is, therefore, of a normal

character.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MGIPMRND—392GI(S4)—18-12-2025.

————

UTPAL KUMAR SINGH,

Secretary General.

Sec. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

113

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KSHITIZ

MOHAN

Digitally signed by

KSHITIZ MOHAN

Date: 2025.12.26

16:26:59 +05'30'