Atomic Energy Act 1962, Background, Objectives, Provisions

The Atomic Energy Act, 1962 was the principal legislation governing the development, control and peaceful use of atomic energy in India for more than six decades. Enacted to ensure the safe and strategic utilisation of nuclear energy, it established the legal framework for regulating nuclear materials, atomic research, radiation safety and related activities under the control of the Central Government. In December 2025, the Act was repealed and replaced by the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025.

About the Atomic Energy Act, 1962

The Atomic Energy Act, 1962 provides the legal framework for the development, control and use of atomic energy in India for peaceful purposes and public welfare.

• The Act was enacted by Parliament in 1962 and came into force on 21 September 1962, replacing the Atomic Energy Act, 1948.
• It extends to the whole of India and is administered by the Department of Atomic Energy under the Central Government.
• The Act derived constitutional authority from Entry 6 of the Union List (List I, Seventh Schedule), which places atomic energy and mineral resources necessary for its production under the exclusive jurisdiction of the Union.
• It vested extensive powers in the Central Government to regulate atomic energy, prescribed substances, radioactive materials and nuclear installations.
• The Act served as the foundational legislation governing India’s civilian nuclear programme until it was repealed by the SHANTI Act, 2025.

Atomic Energy Act, 1962 Background

Soon after Independence, India recognised atomic energy as a strategic resource essential for national development, scientific progress and energy security. To regulate this emerging sector, Parliament enacted the Atomic Energy Act, 1948, which laid the foundation for India’s nuclear programme. During this period, the Atomic Energy Commission (AEC) was established in 1948 to guide nuclear policy, followed by the creation of the Department of Atomic Energy (DAE) in 1954 under the direct charge of the Prime Minister. As India’s nuclear research and peaceful applications expanded, the 1948 law became inadequate. To provide a stronger and more comprehensive legal framework, Parliament enacted the Atomic Energy Act, 1962, replacing the 1948 Act. The new law vested exclusive control over atomic energy and strategic nuclear materials in the Central Government while promoting the peaceful development and use of nuclear energy for the welfare of the people.

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Atomic Energy Act, 1962 Objectives

The Atomic Energy Act, 1962 aimed to:

• Promote the peaceful development and use of atomic energy for national development and public welfare.
• Ensure exclusive Central Government control over atomic energy and strategic nuclear materials.
• Regulate the production, possession, transport, import, export and use of prescribed and radioactive substances.
• Develop nuclear science and technology by promoting research, innovation and technical advancement.
• Ensure radiation safety and provide for the safe handling and disposal of radioactive substances and waste.
• Protect national security by restricting access to sensitive nuclear information and strategic installations.
• Support the generation of electricity from atomic energy and promote the growth of India’s civilian nuclear power programme.
• Provide a legal framework for licensing, inspection, acquisition and regulation of activities connected with atomic energy.

Atomic Energy Act, 1962 Key Provisions 

The Atomic Energy Act, 1962 vested exclusive control over the development, regulation and peaceful use of atomic energy in the Central Government.

• General Powers of the Central Government (Section 3): Empowers the Central Government to develop, produce, use and regulate atomic energy. It can establish nuclear organisations, conduct research, manufacture nuclear materials, declare restricted information and prohibited areas, regulate radiation safety, ensure safe disposal of radioactive waste and generate electricity from atomic energy.
• Reporting of Uranium and Thorium Deposits (Section 4): Makes it mandatory for any person who discovers, or has reason to believe that uranium or thorium deposits exist, to report the information to the Central Government.
• Control over Mining (Section 5): Authorises the Central Government to regulate, impose conditions on or prohibit the mining, treatment and concentration of uranium-bearing minerals in the national interest.
• Disposal of Uranium (Section 6): Prohibits disposal of uranium-bearing minerals without prior approval of the Central Government and empowers it to compulsorily acquire such minerals by paying compensation.
• Information, Inspection and Exploration (Sections 7-9): Empower the Central Government to obtain information on prescribed substances, inspect mines and nuclear facilities, and undertake surveys and exploration to locate strategic nuclear minerals.
• Compulsory Acquisition (Sections 10-12): Enable the Central Government to acquire mining rights, prescribed substances, nuclear equipment, plants and mines required for atomic energy purposes, with compensation provided under the Act.
• Transfer of Contracts (Section 13): Allows the Central Government to take over rights and liabilities under contracts relating to nuclear minerals, atomic energy or nuclear research in the national interest, with compensation where applicable.
• Licensing of Nuclear Activities (Section 14): Establishes a licensing system under which mining of specified minerals, possession or use of prescribed substances, import or export of nuclear materials, and operation of nuclear plants can be carried out only with a licence from the Central Government.
• Requisition of Nuclear Materials (Section 15): Empowers the Central Government to require delivery of substances containing uranium or plutonium, extract these strategic materials, and return the remaining substance after paying compensation.
• Radiation Safety (Sections 16-17): Empowers the Central Government to regulate the manufacture, transport, storage, use and disposal of radioactive substances, prescribe radiation safety standards, protect workers and the public, and ensure safe disposal of radioactive waste.
• Secrecy and Security (Sections 18-19): Restrict disclosure of sensitive nuclear information and regulate entry into prohibited nuclear areas. Prosecution for offences under Section 18 requires the consent of the Attorney General of India.
• Patent Restrictions (Section 20): Prohibits the grant of patents for inventions relating to atomic energy and requires prior approval of the Central Government before filing such patent applications abroad.
• Compensation (Section 21): Lays down the principles for determining compensation in cases of compulsory acquisition under the Act.
• Atomic Power Generation (Section 22): Empowers the Central Government to formulate national policy on atomic power, establish and operate atomic power stations, regulate electricity supply and coordinate with electricity authorities.
• Administration of Nuclear Factories (Section 23): Vests the Central Government with the authority to administer and enforce the Factories Act, 1948 in factories engaged in atomic energy activities.
• Offences and Penalties (Sections 24-26): Prescribe punishments for unauthorised nuclear activities, violation of licence conditions, breach of safety rules and disclosure of restricted information, and lay down the procedure for prosecution.
• Delegation and Rule-making (Sections 27-31): Empower the Central Government to delegate powers, frame rules for implementing the Act, ensure the Act overrides inconsistent laws and protect actions taken in good faith. Section 27 also served as the enabling provision under which the Atomic Energy Regulatory Board (AERB) was constituted in 1983 through an executive order.

Atomic Energy Act, 1962 Key Amendments and Current Status 

The Atomic Energy Act, 1962 was amended from time to time to strengthen India’s nuclear governance framework and facilitate the peaceful development of atomic energy.

• Atomic Energy (Amendment) Act, 1986: Revised provisions relating to compulsory acquisition and clarified regulatory provisions concerning prescribed substances.
• Atomic Energy (Amendment) Act, 1987: Expanded the powers of the Central Government, enabled authorities, corporations and Government companies to undertake atomic energy activities, and introduced the definition of a Government Company under the Act.
• Atomic Energy (Amendment) Act, 2015 (Act No. 5 of 2016): Expanded the definition of Government Company to facilitate joint ventures between the Nuclear Power Corporation of India Limited (NPCIL) and other public sector undertakings for establishing and operating nuclear power projects under Central Government control.

Atomic Energy Act, 1962 Current Status

The Atomic Energy Act, 1962 has been repealed and replaced by the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025, which received Presidential assent on 20 December 2025. The SHANTI Act also repealed the Civil Liability for Nuclear Damage Act, 2010, creating a unified legal framework for India’s nuclear sector.

Key features of the SHANTI Act, 2025:

• Statutory status to AERB: Grants statutory status to the Atomic Energy Regulatory Board (AERB), India’s nuclear safety regulator, which was originally constituted by the Central Government in 1983 under Section 27 of the Atomic Energy Act, 1962 through an executive order.
• Limited private sector participation: Permits limited private sector participation in nuclear power generation and selected fuel-cycle activities, while retaining Central Government control over strategic areas such as uranium mining, fissile materials, spent fuel management and heavy water.
• New nuclear liability framework: Replaces the Civil Liability for Nuclear Damage Act, 2010 with a graded system to determine liability and provide compensation in case of nuclear accidents.
• Supports Nuclear Energy Mission: Provides the legal framework to support the target of achieving 100 GW of nuclear power capacity by 2047.