The Atomic Energy Act, 1962 is an Act of the Indian Parliament that provides the legal framework for the development, control, and use of atomic energy for the welfare of the people and for other peaceful purposes. It was created to replace the earlier Atomic Energy Act, 1948, which had provided the initial groundwork for India's nuclear program. The 1962 Act was built on the Nehruvian policy of using atomic energy primarily for peaceful purposes and received the President's assent on September 15, 1962.
The Act works by vesting extensive powers in the Central Government, specifically the Department of Atomic Energy (DAE), to control all aspects of the nuclear fuel cycle and technology. Key provisions include Section 3, which grants the Central Government general powers to produce, develop, use, and dispose of atomic energy, and Section 4, which mandates the notification of the discovery of uranium or thorium. The Act also provides for safety, with Sections 16 and 17 referring to control over radioactive substances and special provisions for safety. Furthermore, Section 2(g) classifies substances like monazite, the primary ore for rare earths, as a "prescribed substance," placing its mining and processing under the DAE's direct control.
The Act connects directly to the Atomic Energy Regulatory Board (AERB), which was established to oversee safety and regulatory functions pursuant to the Act. It also relates to the Civil Liability for Nuclear Damage Act, 2010, which addresses liability for nuclear incidents. The Act has been amended, notably by the Atomic Energy (Amendment) Act, 2015 (No. 5 of 2016), which modified Section 2 to redefine "Government company" and introduced provisions regarding the licensing of nuclear facilities to Government companies. More recently, the Mines and Minerals (Development and Regulation) Amendment Act, 2023, removed six minerals from the list of atomic minerals, a crucial step towards liberalization, though the core control over monazite under the 1962 Act remains a point of discussion.