REGISTERED NO. DL—(N)04/0007/2003—25

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EXTRAORDINARY

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PART II — Section 1

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PUBLISHED BY AUTHORITY

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No. 63] NEW DELHI, SUNDAY, DECEMBER 21, 2025/AGRAHAYANA 30, 1947 (Saka)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st December, 2025/Agrahayana 30, 1947 (Saka)

The following Act of Parliament received the assent of the President on the

20th December, 2025 and is hereby published for general information:—

THE SUSTAINABLE HARNESSING AND ADVANCEMENT OF

NUCLEAR ENERGY FOR TRANSFORMING INDIA ACT, 2025

No. 39 of 2025

[20th December, 2025.]

An Act to provide for the promotion and development of nuclear energy

and ionising radiation for nuclear power generation, application in

healthcare, food, water, agriculture, industry, research, environment,

innovation in nuclear science and technology, for the welfare of the

people of India, and for robust regulatory framework for its safe and

secure utilisation and for matters connected therewith or incidental

thereto.

WHEREAS India having achieved self-reliant capability in production and use

of nuclear energy, recognises the potential it offers towards rapidly meeting the

ever increasing energy needs of the country through further research and

development;

सी.जी.-डी.एल.-अ.-21122025-268697

CG-DL-E-21122025-268697

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

(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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(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

[Part II—

(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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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

[Part II—

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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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

value, 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

[Part II—

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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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,—

(i) the nuclear installation itself and any other nuclear installation

including a nuclear installation under construction, on the site where

such installation is located;

(ii) any property on the same site which is used or to be used in

connection with any such installation; or

(iii) the means of transport upon which the nuclear material involved

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.

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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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

(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;

Sec. 1]

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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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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 or regulations made 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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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.

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(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 sub-section (1) of section 5,—

(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. 1]

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. 1]

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) Chairperson of the Atomic Energy Commission—Chairperson;

(b) Director of the Bhabha Atomic Research Centre—Member;

(d) Chairperson of the 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. 1]

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 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. 1]

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. 1]

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 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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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 or knowingly makes any false declaration or

statement in any return or reports submitted to the Central Government or the

Board shall 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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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

him

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.

46 of 2023.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(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;

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

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 the 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. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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 to be 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 or before 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.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II—

THE FIRST SCHEDULE

[See sections 70(1) and 83(1)]

PENALTIES FOR CATEGORIES OF BREACH AND VIOLATIONS

Categories of breach and violations

Penalty (in INR)

Severe

Not less than fifty lakh rupees but

may extend to one crore rupees.

Major

Not less than ten lakh rupees but

may extend to fifty lakh rupees.

Moderate

Not less than five lakh rupees but

may extend to ten lakh rupees.

Minor

Not less than fifty thousand rupees

but may extend to five lakh rupees.

Sec. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

THE SECOND SCHEDULE

[See sections 11(2)(3), 13 (2), 14(1)(a), 15(1),16, 68(1)(b) and 83(1)]

LIMITS OF LIABILITY OF THE OPERATORS FOR DIFFERENT CATEGORIES OF

NUCLEAR INSTALLATION

Sl. No.

Categories of nuclear installation

Limit of operator’s

liability (INR) in crore

(1)

(2)

(3)

Reactors having thermal power above

3600 MW

3000

Reactors having thermal power above

1500 MW and up to 3600 MW

1500

Reactors having thermal power above

750 MW and up to 1500 MW

750

Reactors having thermal power above

150 MW and up to 750 MW

300

Reactors having thermal power up to

150 MW, fuel cycle facilities other than

spent

fuel

reprocessing

plants

and

transportation of nuclear materials

100

THE THIRD SCHEDULE

(See section 89)

AMENDMENTS

Year

No.

Short title

Amendments

(1)

(2)

(3)

(4)

1970

The Patents Act,

1970

1. For section 4, the following

section

shall

substituted,

namely:––

“4. Inventions relating to

nuclear energy.––The patents

may be granted for inventions

relating

nuclear

energy

subject to the provisions of this

Act and section 38 of the

Sustainable

Harnessing

and

Advancement of Nuclear Energy

for

Transforming

India

Act, 2025.”.

2. In section 65, in sub-section (1),

for the words, brackets and figures

“sub-section (1) of section 20 of the

Atomic

Energy

Act,

1962

(33 of 1962)”, the words and figures

“section 38 of the Sustainable

Harnessing and Advancement of

Nuclear Energy for Transforming

India Act, 2025” shall be substituted.

————

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MGIPMRND—411GI(S4)—21-12-2025.

DR. RAJIV MANI,

Secretary to the Govt. of India.

THE GAZETTE OF INDIA EXTRAORDINARY

[Part II— Sec. 1]

KSHITIZ

MOHAN

Digitally signed by

KSHITIZ MOHAN

Date: 2025.12.21

22:09:25 +05'30'