Regulatory Framework Under The AERB In India
The initial step of the Atomic Energy Act was then the prime minister of India Jawaharlal Nehru brought the Atomic Energy Bill to the constituent assembly in 1948. By that way the Indian nuclear policy came into being. The measure was designed to accomplish two major goals of first, putting a state control of atomic materials in effect and second, the implementation of secretive research and development. Moreover, the Act served as a source to institutional framework, which included the Department of Scientific Research’s Atomic Energy Commission in 1948, redesignated as the Atomic Energy Commission in 1958, the Atomic Energy Establishment and Department of Atomic Energy in 1954, and the Atomic Energy Regulatory Board (AERB Registration) in 1983. The Atomic Energy Act of 1962, a more sufficient counterpart of the 1948 statute, was in its place. “welfare of the Indian people” took center stage as the main goal.
This blog will elaborate on the history of the Act, the major provisions stated in the Atomic Energy Act, the intent and objectives of the Act, the definitions provided, and the developments and amendments made.
What Is Atomic Energy?
The energy that’s produced during radioactivity or any nuclear reaction is called atomic energy. The fission is one nuclear reactor reaction type which bids for energy being generated, such as radiation and heat. The type of energy emitted by an atom’s nucleus, which itself consists of protons and neutrons is called ‘nuclear energy.’ There are two ways to generate this energy source: fusion that happens when nuclei merge, and fission that happens when an atom is cut into several sections.
An Academic Diagnosis Of The Historical Background Of The Atomic Energy Act Of India
The initiative to restrict the legitimate utilization of nuclear power has been introduced multiple times, since the concern over the development of technology is that it may eventually destroy the entire world due to a possible catastrophe. Governments were forced to enact legal regulations of attribution which already give an opportunity of a receiving compensation by individuals for the losses due to nuclear accidents, allocate liability for the harm to the third parties and impose restrictions and safety measures for nuclear energy use and electricity production.
Nuclear science research was streamline with the establishment of Tata Institute of Fundamental Research, Bombay, by the year 1945. The Atomic Energy passed by parliament shortly after India with independence, in 1948, set out the country's goal to produce and use atomic energy only for peaceful purposes. Nonetheless, the Department of Atomic Energy was founded by the central government in 1954 only and was granted sole jurisdiction over all national nuclear activities.
Objectives Of The Atomic Energy Act In In
Some of the key objectives of the Atomic Energy Act are mentioned here:
Protection And Security
The Atomic Energy Act is the basis for the legal framework for the secure operation of nuclear power plants and nuclear related actions.
One of the major roles of the Atomic Energy Act is to limit the negative effects on the population of the country.
Additionally, the commission shall be the one to devise and enforce the relevant rules and procedures that would help avert accidents, as well as protect the public and the workers; it will also facilitate the minimization of various environmental consequences that could come about from the activities of the nuclear plant.
Non-Proliferation
The Act’s core goal is the prevention of nuclear weapons proliferation. A number of Atomic Energy Acts are designed to link the country with international non-proliferation treaties and arrangements.
The policies and agreements adopted by these countries aim at stopping proliferation among various countries of nuclear weapons and all related technologies.
Control And Licensing
The atomic energy law puts in place the application processes for licensing and permitting of different nuclear activities.
It implies that the implementation and running of nuclear facilities, the processing of radioactive materials, and even the research of nuclear energy are the key tasks of a responsible and competent party.
Encouragement Of Nonviolent Use
Through Atomic Energy Act, the development and utilization of atomic energy for non-defense purposes as manufacturing, power generation, and health related studies are encouraged.
Public Trust
The Atomic Energy Act aims to create laws and regulations, to set safety standards and to establish liability measures that will re-assure all citizens about the safety of nuclear operations and the competence of operators.
Coming Together On A Global Scale
The Atomic Energy Act also tackles the problem by fostering international cooperation, and hence has incorporates a partnership with other countries and international organizations.
Accountability And Compensation
The Act determines a legal means of liability and compensation for victims in the aftermath of a nuclear accident.
Ecosystems Conservation And Sustainable Development.
Generally, the statutes on the activities of the nuclear development and the environment are enshrined in Atomic Energy Acts.
Putting tight regulations on the management, storage and elimination of waste can be the rational way to diminish the present ecological negative effects.
The Main Stipulations Of Atomic Energy Laws In India
The Atomic Energy Act is made up of several essential obligations. undefined
This act contains all the important definitions and their interpretation as approved by Atomic Energy Act.
| Atomic Energy | Plant |
| Radioactive Substance | Prescribed Equipment |
| Minerals | Fissile Material |
| Radiation | Prescribed Substance |
- The permits to discover uranium or thorium are being added to the Act’s inventory as well.
- Clauses relating to the government control over mining operations. The mining and containment of the substance that contains the uranium is being mentioned here. The course of action to be followed by the Central authority is outlined accordingly.
- The law takes into account the fact that uranium must also be disposed of as soon as possible.
- The Act also mentions the relevant section that authorizes the Central Government to obtain any information. The data can be on the processes, materials or plants used in their operations.
- Additionally, the Act stipulates powers on the side of authorised officers of the Central Government which includes entering and inspection.
- The Central Government has been given rights of the compulsory acquisition of substances on the condition of finding mixture minerals.
- The compulsory acquisition of substances or elements as prescribed is also taken care by the Act.
- Clauses on the subject of compensation by virtue of acquisitions.
- Rules on how nuclear energy should be governed and control of its manufacturing.
- Contract novation provisions.
- Radioactive substance control provisions.
- Safety provisions.
- The law also stipulated how the information should be recorded and transmitted, as well as restrictions on its use.
- Advancements on electricity and invention.
- The Act also covers provisions on penalties of and offences committed under the act.
- An Act that bestows authority.
Amendments to Atomic Energy Act in India
Additions to the rules are called amendments and put in place after the act is established. An amendment may as well include, rescinding provisions that are out of date. undefined
The Atomic Energy (Amendment) Bill for 2015.
The Atomic Energy (Amendment) Bill 2015 was introduced in Lok Sabha on 07 December 2015. The bill was introduced by the Minister who held Department of Atomic Energy post. The bill is projected to change the Atomic Energy Act which was enacted in 1962. The authority of the Central Government of India is capable of manufacturing, evolving, managing, and exploiting nuclear energy through Atomic Energy Act.
It is the atomic energy that gives the creation of the art.
Acquiring and implementing minerals or elements which pattern promote the production of atomic energy.
Consequently, the Atomic Energy Act asserts that a consent is mandatory before the acquisition, fabrication, utilization, exportation, or importation of any plant used for the development and production of atomic energy or research. The modified law provides then that only national government agencies or government corporations can qualify to acquire and hold the stated licenses.
In as much as the Enterprise Act says, an enterprise is government-based if the central government has at least fifty-one percent of its paid-up share capital. The paid-up share capital is the aggregate of the money that the company manages to raise when it sells shares. The legislation thus broadens the meaning of this word by including not only companies whose certificate of incorporation lets the central government select members of its board of directors or all shareholders, many of whom are government-owned enterprises. Through this idea, the Nuclear Power Corporation of India Limited and other government owned companies will be allowed to have joint ventures.
Atomic Energy Regulatory Body (AERB)
The main responsibility in terms of inspection of all nuclear safety related aspects is vested with the Atomic Energy Regulatory Board. The office was constituted by the current President of India on November 15, 1983 following the authority of Section 27 of the Atomic Energy Act of 1962. The Atomic Energy Act of 1962 and the Environment Protection Act of 1986 are the laws that empower AERB to regulate by issuing permits and notices to nuclear facilities. Mumbai is where the main offices of AERB are located.
The objective of the board is to prevent the risks to the public health and environment from the use of nuclear energy and ionizing radiations in India. The board currently has three part-time members: two full-time chairman positions, one ex-officio member, and a position of a secretary.
The role of Advisory Committee on Nuclear Safety (ACNS) is to make recommendations to AERB. Experts from the AERB, DAE, and other organizations constitute the ACNS Panel. The DAE was set up in 3 August 1954. The ACNS gives important guidelines on the secure rules, manuals, and rules created by its corresponding advisory groups for every category. The guidelines, respectively, are in place for sitting, design, construction, running, quality assurance, and shutdown/life extension of nuclear power plants.
Conclusion
Finally, we come to the Atomic Energy Act whose role is very important so as to provide information on the use, production, and prohibition of atomic energy and the other issues related to this matter. All stakeholders in the energy industry that uses atomic energy must make certain that they prevent any violation and adhere to all the regulations of the Atomic Energy Act.
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