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PART II—Section 2
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PUBLISHED BY AUTHORITY
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No. 21] NEW DELHI, MONDAY, DECEMBER 15, 2025/AGRAHAYANA 24, 1947 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
————
The following Bills were introduced in Lok Sabha on 15th December, 2025:—
BILL NO. 150 OF 2025
A Bill to authorise payment and appropriation of certain further sums from and out of the
Consolidated Fund of India for the services of the financial year 2025-26.
Be it enacted by Parliament in the Seventy-sixth Year of the Republic of India as
follows:
1. This Act may be called the Appropriation (No. 4) Act, 2025. Short title.
2. From and out of the Consolidated Fund of India there may be paid and applied Issue of Rs.
sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate 132268,85,00,000
out of the
to the sum of one lakh thirty-two thousand two hundred sixty-eight crore and eighty-five
Consolidated
lakh rupees towards defraying the several charges which will come in course of payment Fund of India
during the financial year 2025-26 in respect of the services specified in column 2 of the for the financial
Schedule. year 2025-262 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
Appropriation. 3.The sums authorised to be paid and applied from and out of the Consolidated
Fund of India by this Act shall be appropriated for the services and purposes expressed
in the Schedule in relation to the said year.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
__________________________________________________________________________________________________3__ _________________________________________________________________________________________________
THE SCHEDULE
(See sections 2 and 3)
1 2 3
No. Sums not exceeding
of Services and purposes Voted by Charged on the
Vote Parliament Consolidated Fund Total
Rs. Rs. Rs.
1 Department of Agriculture and Farmers Welfare ………... Revenue 3,00,000 .. 3,00,000
3 Atomic Energy…………………………………………... Revenue 2,00,000 .. 2,00,000
Capital 3,00,000 .. 3,00,000
4 Ministry of AYUSH …………………………………. Revenue 2,00,000 .. 2,00,000
Capital 1,00,000 .. 1,00,000
6 Department of Fertilizers. ……………………………. Revenue 31063,09,00,000 .. 31063,09,00,000
Capital 3,10,00,000 .. 3,10,00,000
7 Department of Pharmaceuticals. ……………………… Capital 1,00,000 .. 1,00,000
10 Department of Commerce ……………………………. Revenue 226,96,00,000 2,43,00,000 229,39,00,000
Capital 1,00,000 .. 1,00,000
11 Department for Promotion of Industry and Internal Trade…. Revenue 3,00,000 .. 3,00,000
Capital 1,00,000 .. 1,00,000
13 Department of Telecommunications ………………..... Revenue 4,00,000 .. 4,00,000
Capital 38543,32,00,000 .. 38543,32,00,000
15 Department of Food and Public Distribution ………… Revenue 1,00,000 .. 1,00,000
Capital 5,36,00,000 .. 5,36,00,000
16 Ministry of Cooperation ……………………………… Revenue 1,00,000 .. 1,00,000
Capital 53,00,000 .. 53,00,000
17 Ministry of Corporate Affairs ………………………… Revenue 25,00,00,000 .. 25,00,00,000
18 Ministry of Culture …………………………………… Revenue 5,09,00,000 .. 5,09,00,000
Capital 1,00,000 .. 1,00,000
19 Ministry of Defence (Civil) …………………………... Revenue 1,00,000 .. 1,00,000
Capital 10,00,00,000 .. 10,00,00,000
20 Defence Services (Revenue) …………………………. Revenue 1,00,000 65,28,00,000 65,29,00,000
21 Capital Outlay on Defence Services………………….. Capital 4103,03,00,000 474,19,00,000 4577,22,00,000
23 Ministry of Development of North Eastern Region….. Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
24 Ministry of Earth Sciences…………………………… Revenue 130,88,00,000 .. 130,88,00,000
25 Department of School Education and Literacy……….. Revenue 2,00,000 .. 2,00,000
26 Department of Higher Education……………………... Revenue 1303,73,00,000 .. 1303,73,00,000
27 Ministry of Electronics and Information Technology… Revenue 1,00,000 .. 1,00,000
28 Ministry of Environment, Forests and Climate Change…. Revenue 3,00,000 .. 3,00,000
Capital 38,40,00,000 .. 38,40,00,000
29 Ministry of External Affairs…………………………... Revenue 1235,63,00,000 .. 1235,63,00,000
Capital 3,00,000 .. 3,00,000
30 Department of Economic Affairs. ……………………. Revenue 1646,66,00,000 .. 1646,66,00,000
Capital 4194,26,00,000 .. 4194,26,00,000
32 Department of Financial Services. …………………… Revenue 521,83,00,000 .. 521,83,00,000
35 Department of Revenue……………………………….. Revenue 1,00,000 .. 1,00,000
36 Direct Taxes…………………………………………... Revenue 1192,23,00,000 .. 1192,23,00,000
Capital 639,40,00,000 .. 639,40,00,000
37 Indirect Taxes…………………………………………. Capital 605,68,00,000 .. 605,68,00,000
38 Indian Audit and Accounts Department. ……………... Revenue .. 3,77,00,000 3,77,00,000
Capital 353,06,00,000 14,47,00,000 367,53,00,000
43 Department of Fisheries……………………………… Revenue 1,00,000 .. 1,00,000
44 Department of Animal Husbandry and Dairying……... Revenue 361,12,00,000 .. 361,12,00,000
Capital 66,32,00,000 .. 66,32,00,000
45 Ministry of Food Processing Industries……………….. Revenue 2,00,000 .. 2,00,000
46 Department of Health and Family Welfare. ………….. Revenue 2,00,000 .. 2,00,000
47 Department of Health Research………………………. Revenue 26,95,00,000 .. 26,95,00,000
Capital 21,00,000 .. 21,00,000
48 Ministry of Heavy Industries…………………………. Revenue 1,00,000 .. 1,00,0004 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
1 2 3
No. Sums not exceeding
of Services and purposes Voted by Charged on the
Vote Parliament Consolidated Total
Fund
Rs. Rs. Rs.
49 Ministry of Home Affairs……………………………. Revenue 2719,84,00,000 .. 2719,84,00,000
Capital 20,00,00,000 .. 20,00,00,000
50 Cabinet………………………………………………… Revenue 37,30,00,000 .. 37,30,00,000
Capital 1,00,000 .. 1,00,000
51 Police………………………………………………….. Revenue 400,00,00,000 .. 400,00,00,000
Capital 1,00,000 .. 1,00,000
52 Andaman and Nicobar Islands………………………... Revenue 1050,41,00,000 .. 1050,41,00,000
Capital 4,00,000 .. 4,00,000
53 Chandigarh……………………………………………. Revenue 1,00,000 .. 1,00,000
54 Dadra and Nagar Haveli and Daman and Diu………… Revenue 4,00,000 .. 4,00,000
Capital 7,00,000 .. 7,00,000
55 Ladakh………………………………………………… Revenue 2519,51,00,000 .. 2519,51,00,000
Capital 168,78,00,000 .. 168,78,00,000
58 Transfers to Jammu and Kashmir…………………….. Revenue 340,15,00,000 .. 340,15,00,000
59 Transfers to Puducherry ……………………………… Revenue 85,68,00,000 .. 85,68,00,000
60 Ministry of Housing and Urban Affairs………………. Revenue 6,00,000 28,69,00,000 28,75,00,000
Capital 1,00,000 185,99,00,000 186,00,00,000
61 Ministry of Information and Broadcasting……………. Revenue 1,00,000 .. 1,00,000
Capital 17,26,00,000 .. 17,26,00,000
62 Department of Water Resources, River Development
and Ganga Rejuvenation……………………………… Revenue 4,00,000 .. 4,00,000
Capital 2,00,000 .. 2,00,000
63 Department of Drinking Water and Sanitation………... Revenue 1,00,000 .. 1,00,000
64 Ministry of Labour and Employment…………………. Revenue 1,00,000 .. 1,00,000
65 Law and Justice…………………..…………………… Revenue 1,00,000 .. 1,00,000
Capital 629,81,00,000 .. 629,81,00,000
66 Election Commission………..………………………... Revenue 45,61,00,000 .. 45,61,00,000
Capital 12,50,00,000 .. 12,50,00,000
CHARGED.—Supreme Court of India …………………. Revenue .. 75,05,00,000 75,05,00,000
Capital .. 10,93,00,000 10,93,00,000
68 Ministry of Micro, Small and Medium Enterprises. …. Revenue 1,00,000 45,54,00,000 45,55,00,000
Capital 200,00,00,000 .. 200,00,00,000
69 Ministry of Mines……………………………………... Capital 66,46,00,000 .. 66,46,00,000
71 Ministry of New and Renewable Energy……………... Revenue 2,00,000 .. 2,00,000
72 Ministry of Panchayati Raj……………………………. Revenue 1,00,000 .. 1,00,000
74 Ministry of Personnel, Public Grievances and Pensions…. Revenue 1,00,000 .. 1,00,000
76 Ministry of Petroleum and Natural Gas………………. Revenue 14692,44,00,000 .. 14692,44,00,000
Capital 1,00,000 .. 1,00,000
77 Ministry of Planning…………………………………. Revenue 2,00,000 .. 2,00,000
Capital 1,00,000 .. 1,00,000
78 Ministry of Ports, Shipping and Waterways………… Revenue 2,00,000 .. 2,00,000
79 Ministry of Power…………………………………….. Revenue 2,00,000 .. 2,00,000
82 Rajya Sabha…………………………………………... Revenue 65,97,00,000 19,00,000 66,16,00,000
Capital 1,28,00,000 .. 1,28,00,000
85 Ministry of Railways………………………………….. Revenue .. 98,00,00,000 98,00,00,000
Capital 8,35,00,000 575,00,00,000 583,35,00,000
86 Ministry of Road Transport and Highways…………… Capital 18837,00,00,000 .. 18837,00,00,000
87 Department of Rural Development…………………… Revenue 4,00,000 .. 4,00,000
88 Department of Land Resources ….…………………… Revenue 2,00,000 .. 2,00,000Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
_____________________________________________________________________________________________________________________________________________________________________________________________________
1 2 3
No. Sums not exceeding
of Services and purposes Voted by Charged on the
Vote Parliament Consolidated Fund Total
Rs. Rs. Rs.
89 Department of Science and Technology……………… Revenue 676,29,00,000 .. 676,29,00,000
94 Department of Empowerment of Persons with Disabilities…... Revenue 16,60,00,000 .. 16,60,00,000
95 Department of Space………………………………….. Revenue 1,00,000 .. 1,00,000
Capital 1,00,000 .. 1,00,000
96 Ministry of Statistics and Programme Implementation.. Revenue 65,62,00,000 .. 65,62,00,000
Capital 14,61,00,000 .. 14,61,00,000
97 Ministry of Steel ……………………………………… Revenue 1585,00,00,000 .. 1585,00,00,000
Capital 22,00,00,000 .. 22,00,00,000
98 Ministry of Textiles ….……………………………….. Revenue 1,00,000 87,42,00,000 87,43,00,000
99 Ministry of Tourism ………………………..………… Revenue 1,00,000 .. 1,00,000
101 Ministry of Women and Child Development ………… Revenue 1,00,000 .. 1,00,000
Capital 56,00,000 .. 56,00,000
TOTAL: 130601,90,00,000 1666,95,00,000 132268,85,00,0006 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114(1) of the Constitution of India,
read with article 115 thereof, to provide for the appropriation out of the Consolidated
Fund of India of the moneys required to meet the supplementary expenditure
charged on the Consolidated Fund of India and the grants made by the Lok Sabha
for expenditure of the Central Government for the financial year 2025-26.
NIRMALA SITHARAMAN.
————
PRESIDENT’S RECOMMENDATION UNDER ARTICLE 117 OF THE
CONSTITUTION OF INDIA
[Copy of letter No. 4(11)-B(SD)/2025, dated 29.11.2025 from Smt. Nirmala Sitharaman,
Minister of Finance and Corporate Affairs to the Secretary-General, Lok Sabha]
The President, having been informed of the subject matter of the
Appropriation (No. 4) Bill, 2025 to authorise payment and appropriation of certain
further sums from and out of the Consolidated Fund of India for the services of the
financial year 2025-26, recommends under article 117(1) and (3) of the
Constitution, the introduction of the Appropriation (No. 4) Bill, 2025 in Lok Sabha
and also the consideration of the Bill.
————Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
_____________________________________________________________________________________________________________________________________________________________________________________________________
BILL NO. 193 OF 2025
A Bill to repeal certain enactments and to amend certain other enactments.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:––
1.This Act may be called the Repealing and Amending Act, 2025. Short title.
2.The enactments specified in the First Schedule are hereby repealed. Repeal of certain
enactments.
3. The enactments specified in the Second Schedule are hereby amended to Amendment of
the extent and in the manner mentioned in the fourth column thereof. certain
enactments.8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
Savings. 4.The repeal by this Act of any enactment shall not affect any other enactment
in which the repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of
anything already done or suffered, or any right, title, obligation or liability already
acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or
any release or discharge of or from any debt, penalty, obligation, liability, claim or
demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction,
form or course of pleading, practice or procedure, or existing usage, custom,
privilege, restriction, exemption, office or appointment, notwithstanding that the
same respectively may have been in any manner affirmed or recognised or derived
by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment revive or restore any
jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption,
usage, practice, procedure or other matter or thing not now existing or in force.Sec. 2] THE GAZETTE OF IND3I A EXTRAORDINARY 9
_____________________________________________________________________________________________________________________________________________________________________________________________________
THE FIRST SCHEDULE
(See section 2)
REPEALS
Year Act No. Short Title
1 2 3
1886 XI The Indian Tramways Act, 1886.
1976 31 The Levy Sugar Price Equalisation Fund Act, 1976.
1978 41 The Britannia Engineering Company Limited (Mokameh Unit)
and the Arthur Butler and Company (Muzaffarpore) Limited
(Acquisition and Transfer of Undertakings) Act, 1978.
1982 36 The Chaparmukh-Silghat Railway Line and the
Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982.
1984 55 The Hooghly Docking and Engineering Company Limited
(Acquisition and Transfer of Undertakings) Act, 1984.
1988 44 The Bharat Petroleum Corporation Limited (Determination of
Conditions of Service of Employees) Act, 1988.
2016 3 The Arbitration and Conciliation (Amendment) Act, 2015.
2017 1 The Payment of Wages (Amendment) Act, 2017.
2017 3 The Enemy Property (Amendment and Validation) Act, 2017.
2017 6 The Maternity Benefit (Amendment) Act, 2017.
2017 11 The Employee’s Compensation (Amendment) Act, 2017.
2017 30 The Banking Regulation (Amendment) Act, 2017.
2018 7 The National Bank for Agriculture and Rural Development
(Amendment) Act, 2018.
2018 10 The High Court and Supreme Court Judges (Salaries and
Conditions of Service) Amendment Act, 2018.
2018 12 The Payment of Gratuity (Amendment) Act, 2018.
2018 18 The Specific Relief (Amendment) Act, 2018.
2018 19 The State Banks (Repeal and Amendment) Act, 2018.
2018 20 The Negotiable Instruments (Amendment) Act, 2018.
2018 28 The Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts (Amendment) Act, 2018.
2019 15 The Central Universities (Amendment) Act, 2019.
2019 19 The Protection of Human Rights (Amendment) Act, 2019.
2019 27 The Airports Economic Regulatory Authority of India
(Amendment) Act, 2019.
2019 32 The Motor Vehicles (Amendment) Act, 2019.
2019 38 The National Institute of Design (Amendment) Act, 2019.
2019 41 The Chit Funds (Amendment) Act, 2019.
2019 43 The Special Protection Group (Amendment) Act, 2019.
2019 48 The Arms (Amendment) Act, 2019.
2020 1 The Insolvency and Bankruptcy Code (Amendment) Act, 2020.
2020 4 The Constitution (Scheduled Tribes) Order (Amendment)
Act, 2020.
2020 13 The Aircraft (Amendment) Act, 2020.10 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
1 2 3
2020 17 The Insolvency and Bankruptcy Code (Second Amendment)
Act, 2020.
2020 18 The Salaries and Allowances of Ministers (Amendment)
Act, 2020.
2020 24 The Homoeopathy Central Council (Amendment) Act, 2020.
2020 25 The Indian Medicine Central Council (Amendment)
Act, 2020.
2020 39 The Banking Regulation (Amendment) Act, 2020.
2021 3 The Arbitration and Conciliation (Amendment) Act, 2021.
2021 6 The Insurance (Amendment) Act, 2021.
2021 8 The Medical Termination of Pregnancy (Amendment) Act, 2021.
2021 15 The Government of National Capital Territory of Delhi
(Amendment) Act, 2021.
2021 21 The Factoring Regulation (Amendment) Act, 2021.
2021 22 The Coconut Development Board (Amendment) Act, 2021.
2021 26 The Insolvency and Bankruptcy Code (Amendment) Act, 2021.
2021 27 The Central Universities (Amendment) Act, 2021.
2021 28 The Airports Economic Regulatory Authority of India
(Amendment) Act, 2021.
2021 30 The Deposit Insurance and Credit Guarantee Corporation
(Amendment) Act, 2021.
2021 32 The Constitution (Scheduled Tribes) Order (Amendment)
Act, 2021.
2021 37 The General Insurance Business (Nationalisation)
Amendment Act, 2021.
2021 38 The National Commission for Indian System of Medicine
(Amendment) Act, 2021.
2021 39 The National Commission for Homoeopathy (Amendment)
Act, 2021.
2021 43 The National Institute of Pharmaceutical Education and
Research (Amendment) Act, 2021.
2021 44 The High Court and Supreme Court Judges (Salaries and
Conditions of Service) Amendment Act, 2021.
2021 49 The Election Laws (Amendment) Act, 2021.
2022 8 The Constitution (Scheduled Castes and Scheduled Tribes)
Orders (Amendment) Act, 2022.
2022 9 The Constitution (Scheduled Tribes) Order (Amendment) Act, 2022.
2022 10 The Delhi Municipal Corporation (Amendment) Act, 2022.
2022 14 The Weapons of Mass Destruction and their Delivery Systems
(Prohibition of Unlawful Activities) Amendment Act, 2022.
2022 19 The Energy Conservation (Amendment) Act, 2022.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
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1 2 3
2022 20 The Constitution (Scheduled Castes and Scheduled Tribes)
Orders (Second Amendment) Act, 2022.
2022 23 The New Delhi International Arbitration Centre (Amendment)
Act, 2022.
2023 1 The Constitution (Scheduled Tribes) Order (Second
Amendment) Act, 2022.
2023 2 The Constitution (Scheduled Tribes) Order (Fourth
Amendment) Act, 2022.
2023 9 The Competition (Amendment) Act, 2023.
2023 11 The Multi-State Co-operative Societies (Amendment)
Act, 2023.
2023 12 The Cinematograph (Amendment) Act, 2023.
2023 13 The Constitution (Scheduled Tribes) Order (Amendment)
Act, 2023.
2023 14 The Constitution (Scheduled Tribes) Order (Second
Amendment) Act, 2023.
2023 16 The Mines and Minerals (Development and Regulation)
Amendment Act, 2023.
2023 17 The Offshore Areas Mineral (Development and Regulation)
Amendment Act, 2023.
2023 19 The Government of National Capital Territory of Delhi
(Amendment) Act, 2023.
2023 27 The Coastal Aquaculture Authority (Amendment) Act, 2023.
2023 36 The Central Universities (Amendment) Act, 2023.12 THE GAZETTE OF IND6I A EXTRAORDINARY [Part II—
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THE SECOND SCHEDULE
(See section 3)
AMENDMENTS
Year Act Short Title Amendments
No.
1 2 3 4
1897 10 The General Clauses In section 27, for the words “registered
Act, 1897. post”, the words “speed post with
registration” shall be substituted.
1908 5 The Code of Civil (i)In section 148A, in sub-section (2),
Procedure, 1908. for the words “registered post,
acknowledgement due”, the words “speed
post with registration and proof of delivery”
shall be substituted;
(ii) In the First Schedule,
(a)in order V, in rule 9,––
(I) in sub-rule (3), for the words
“registered post acknowledgement
due, addressed to the defendant or his
agent empowered to accept the service
or by speed post”, the words “speed
post with registration and proof of
delivery addressed to the defendant or
his agent empowered to accept the
service” shall be substituted;
(II) in sub-rule (4), the brackets and
words “(except by registered post
acknowledgment due)” shall be
omitted;
(III) in sub-rule (5), in the
proviso, for the words “registered
post acknowledgement due, the
declaration referred to in this
sub-rule shall be made notwithstanding
the fact that the acknowledgement”,
the words “speed post with registration
and proof of delivery, the declaration
referred to in this sub-rule shall be
made notwithstanding the fact that the
proof of delivery” shall be substituted;
(b) in order XXI, in rule 1, in
sub-rule (2), for the words “registered post,
acknowledgement due”, the words “speed
post with registration and proof of delivery”
shall be substituted; and
(c) in order XXXIX, in rule 3, in the
proviso, in clause (a), for the words
“registered post”, the words “speed post with
registration” shall be substituted.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
_____________________________________________________________________________________________________________________________________________________________________________________________________
1 2 3 4
1925 39 The Indian (i) In section 3, in sub-section (1), the
Succession Act, figures “, 213” shall be omitted;
1925.
(ii)section 213 shall be omitted;
(iii)in section 370,––
(a) in sub-section (1), for the
words and figures “or section 213 to be
established by letters of administration
or probate”, the words “to be
established by letters of
administration” shall be substituted;
(b) in sub-section (2), clause (b)
shall be omitted.
2005 53 The Disaster In section 30, in sub-section (2), in
Management Act, clause (vi), for the word “prevention”, the
2005. word “preparation” shall be substituted.14 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
STATEMENT OF OBJECTS AND REASONS
This Bill is one of those periodical measures by which enactments, which have
ceased to be in force or have become obsolete or the retention whereof as separate
Acts is unnecessary are repealed and by which certain amendments and formal
defects detected in enactments are amended and corrected.
2.The note on the Second Schedule explains the reasons for the amendments
suggested in the Bill in respect whereof some detailed explanation is necessary.
3.Clause 4 of the Bill contains a precautionary provision which it is usual to
include in the Bill of this kind.
NEW DELHI;
The 12th December, 2025. ARJUN RAM MEGHWAL.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
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NOTES ON THE SECOND SCHEDULE
1. The General Clauses Act, 1897—Pursuant to the rationalising of postal
products and services by the Department of Post and the merger of registered post
services with speed post services, the amendment proposed to the Act seeks to
substitute the expression ‘registered post’ with ‘speed post with registration’.
2.The Code of Civil Procedure, 1908—Pursuant to the rationalising of postal
products and services by the Department of Post, merger of registered post with
speed post services, facility for ‘acknowledgement due services’ becoming
available as ‘proof of delivery’ with speed post with registration, the amendments
proposed to the Act seek to make consequential modifications to give effect to the
said change in available services.
3. The Indian Succession Act, 1925—The amendments proposed to the Act
seek to attain uniformity by omission of section 213 which is discriminatory and
provides that Hindus, Buddhists, Sikhs, Jains and Parsis have to obtain probate of
the Will or letter of administration where the Will is made within the local limits of
the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and
Bombay, and where such Wills are made outside those limits, insofar as they relate
to immovable property situated within those limits. Consequential amendments on
omission of section 213 are being made in other provisions of the Act. Clause (b) of
sub-section (2) of section 370 is proposed to be omitted for being a relic of the
colonial rule, obsolete and redundant.
4.The Disaster Management Act, 2005—The amendment proposed to the Act
seeks to substitute the word ‘prevention’ with the word ‘preparation’ to rectify the
inadvertent error in the said Act.16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
BILL NO. 194 OF 2025
A Bill to enable and empower the Universities and other higher educational
institutions to achieve excellence in teaching, learning, research and
innovation, through co-ordination and determination of standards in
institutions for higher education or research and scientific and technical
institutions, and for that purpose to constitute a Viksit Bharat Shiksha
Adhishthan, to facilitate the Universities and other higher educational
institutions to become independent self-governing institutions and to
promote excellence through a robust and transparent system of
accreditation and autonomy, and for matters connected therewith or
incidental thereto.
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 Viksit Bharat Shiksha Adhishthan Act, 2025. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
_____________________________________________________________________________________________________________________________________________________________________________________________________
Application of 2.(1) This Act shall apply to––
Act.
(a) all Institutions of national importance established by an Act of
Parliament, under the administrative purview of the Ministry of Education in
the Government of India;
(b)such other Institutions of national importance, established by an Act
of Parliament, as may be notified by the Central Government in the Official
Gazette;
(c) Universities in India, established or incorporated by or under a
Central Act or a State Act or any other institution declared as a deemed to be
University by any notification by the Department of Higher Education,
Ministry of Education in the Government of India under the provisions of
section 3 of the University Grants Commission Act, 1956, before this Act 3 of 1956.
came into force;
(d)colleges and such other higher educational institutions affiliated with
the Universities or higher educational institutions falling under the purview of
this Act;
(e)institutions regulated under the Architects Act, 1972; 20 of 1972.
(f) institutions regulated under the All India Council for Technical
Education Act, 1987; 52 of 1987.
(g) institutions regulated under the National Council for Teacher
Education Act, 1993; 73 of 1993.
(h) institutions of open and distance learning, online education and
digital education recognised by the University Grants Commission;
(i)institutions of eminence;
(j)institutions regulated by such other Professional Councils as may be
notified by the Central Government; and
(k)other programmes and institutions as may be notified by the Central
Government.
(2) Notwithstanding anything contained in the Architects Act, 1972, or any
20 of 1972.
other Act governing the regulation of higher education and open and distance
learning, or online education and digital education, the provisions of this Act shall
apply to any matter concerning the co-ordination and determination of standards in
higher educational institutions:
Provided that nothing contained in this Act shall be construed as restricting
the powers of Council of Architecture constituted under the Architects Act, 1972 to 20 of 1972.
regulate their professional practice.
Explanation.––For the purposes of this Act, the expression professional
practice refers to a practice whereby a person is registered to practice the said
profession under the provisions of the Architects Act, 1972. 20 of 1972.
(3)The provisions of this Act shall not apply to such professional programmes
of institutions regulated by––
(a) the Pharmacy Council of India constituted under the Pharmacy
8 of 1948.
Council of India Act, 1948;
(b)the Bar Council of India constituted under the Advocates Act, 1961; 25 of 1961.
(c) the Veterinary Council of India established under the Indian
52 of 1984.
Veterinary Council Act, 1984;18 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(d) the Rehabilitation Council of India constituted under the
34 of 1992. Rehabilitation Council of India Act, 1992;
(e) the National Medical Commission constituted under the National
30 of 2019. Medical Commission Act, 2019;
(f)the National Commission for Indian System of Medicine constituted
14 of 2020. under the National Commission for Indian System of Medicine Act, 2020;
(g) the National Commission for Homoeopathy constituted under the
National Commission for Homoeopathy Act, 2020;
15 of 2020.
(h) the National Commission for Allied and Healthcare Professions
constituted under the National Commission for Allied and Healthcare
14 of 2021. Professions Act, 2021;
(i) the National Nursing and Midwifery Commission constituted under
26 of 2023. the National Nursing and Midwifery Commission Act, 2023;
(j) the National Dental Commission constituted under the National
21 of 2023. Dental Commission Act, 2023;
(k) such other programmes, institutions, commissions or councils, as
may be notified by the Central Government:
Provided that such professional programmes may be offered by any
higher educational institution falling under the provisions of this Act, subject
to fulfilment of such statutory requirements as laid down in this regard by the
concerned statutory body.
3.(1) In this Act, unless the context otherwise requires,–– Definitions.
(a)“accreditation” with its grammatical variations, means the process of
quality control in higher education, whereby, as a result of evaluation or
assessment or by any other scientific method defined by the Accreditation
Council, a higher educational institution or any programme conducted therein
is recognised as achieving set and graded levels of quality, self-governance
and autonomy;
(b) “Accreditation Council” means the Viksit Bharat Shiksha Gunvatta
Parishad established by the Central Government under sub-section (1) of
section 13;
(c) “accrediting institutions” means all such institutions recognised or
empanelled or authorised by the Viksit Bharat Shiksha Gunvatta Parishad for
assessment and accreditation of the higher educational institutions and
programs, courses conducted by University or higher educational institutions;
(d) “affiliation” together with its grammatical variations, includes, in
relation to a college or higher educational institution,––
(i)recognition of such college or higher educational institution by
a University; or
(ii) association of such college or higher educational institution
with a University; or
(iii)admission of such college or higher educational institution to
the privileges of a University;
(e) “Central Government” means the Ministry or Department in the
Government of India dealing with higher education;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19
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(f) “certificate” means such award, not being a degree or diploma
granted by a University or higher educational institution or any other
institution, certifying that the recipient has successfully completed a
programme or course of study;
(g)“Chairperson” means the Chairperson of the Commission appointed
under section 18;
(h) “college” means any institution, whether known as such or by any
other name, which provides a course of study for obtaining any qualification
such as a certificate, diploma or degree from a University and which, in
accordance with the rules and regulations or statutes and ordinances of such
University, is recognised as competent to provide for such programmes or
courses of study and to present students undergoing such courses of study for
the award of such qualification, and includes a college maintained or admitted
to its privilege by the University, an affiliated college and a constituent college
and such college which may be authorised to grant degrees under
sub-section (4) of section 11.
Explanation.––For the purposes of this clause, the expression
“constituent college” means an institution recognised as such by the
University;
(i) “Commission” means the Viksit Bharat Shiksha Adhishthan
constituted under section 5;
(j) “Council” means any of the three independent verticals of the
Commission, namely, the Viksit Bharat Shiksha Viniyaman Parishad or the
Viksit Bharat Shiksha Gunvatta Parishad or the Viksit Bharat Shiksha Manak
Parishad established under this Act;
(k) “degree” means such award, not being a diploma or certificate,
granted by a University or higher educational institution or any other
institution, certifying that the recipient has successfully completed a
programme or course of study;
(l) “diploma” means such award, not being a certificate or degree
granted by a University or higher educational institution or any other
institution, certifying that the recipient has successfully completed a
programme or course of study;
(m) “eminent experts” shall mean persons of ability, integrity and
standing who have knowledge of or experience in such areas including
teaching, agriculture, commerce, industry, forestry, skill sector or members of
the engineering or legal or medical or any other profession, or in the opinion
of the Central Government educationalists of repute or have obtained high
academic distinction;
(n) “Fund” means the Viksit Bharat Shiksha Adhishthan Fund
constituted under section 39;
(o) “higher educational institution” means an institution of learning
including a University, a college, a technical institution, an Institution of
national importance, an institution of eminence or a constituent unit of such
institution, which is imparting higher education or conducting research
therein;
(p) “institution of eminence” means a higher educational institution
declared as such by the Department of Higher Education Ministry of
Education in the Government of India;
(q)“Institution of national importance” means an institution declared as
such by an Act of Parliament;20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(r)“Member” means a Member of the Commission or the Councils and
includes its Chairperson or President;
(s)“notification” means a notification published in the Official Gazette
and the expression “notified” shall be construed accordingly;
(t) “prescribed” means prescribed by rules made by the Central
Government under this Act;
(u) “President” means the President of the respective Councils
established under the provisions of this Act;
(v)“regulations” means the regulations made by the Commission or the
Councils, as the case may be, under this Act;
(w) “Regulatory Council” means the Viksit Bharat Shiksha Viniyaman
Parishad established by the Central Government under sub-section (1) of
section 10;
(x) “Standards Council” means the Viksit Bharat Shiksha Manak
Parishad established by the Central Government under sub-section (1) of
section 15; and
(y) “University” means a University established or incorporated by or
under a Central Act, a State Act or any institution declared a deemed to be
University under the provisions of section 3 of the University Grants
3 of 1956.
Commission Act, 1956.
4.The aims and purposes of this Act is to provide an effective, enabling and Aims and
responsive system of regulation to encourage integrity, excellence and purposes of Act.
public-spiritedness in higher education that is enabled through the following guiding
principles, namely:––
(a)functions to be performed independently by the Regulatory Council,
the Accreditation Council and the Standards Council;
(b)responsive and minimalistic regulation to ensure public-spiritedness,
good governance, financial stability and probity, and transparent public
disclosure of all academic, operational and financial matters; and
(c) focus on system outcomes and not solely on inputs, through a
transparent system that provides intellectual and moral leadership.
CHAPTER II
VIKSIT BHARAT SHIKSHA ADHISHTHAN
5. (1) With effect from such date as the Central Government may, by Constitution of
notification, appoint, there shall be constituted a Commission to be known as the Viksit Bharat
Shiksha
Viksit Bharat Shiksha Adhishthan to exercise the powers conferred upon, and
Adhishthan.
perform the functions assigned to it, under this Act.
(2) The Commission shall be a body corporate by the name aforesaid having
perpetual succession and a common seal with power, subject to the provisions of
this Act, to acquire, hold and dispose of property, both movable and immovable,
and to contract and shall, by the said name, sue or be sued.
6.(1) The Commission shall consist of a Chairperson and other Members, not Composition of
exceeding twelve in number. Commission.
(2)Of the twelve Members referred to in sub-section (1), there shall be—
(a)President of the Regulatory Council—ex officio Member;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21
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(b)President of the Accreditation Council—ex officio Member;
(c)President of the Standards Council—ex officio Member;
(d) Secretary to the Government of India in the Ministry of Education,
Department of Higher Education—ex officio Member;
(e) two eminent and distinguished academicians not below the rank of
Professor from the State Higher Educational Institutions—Members;
(f)five eminent experts—Members; and
(g)a Member Secretary.
(3)The Members referred to in clauses (e) and (f) of sub-section (2), shall act
as part-time Members.
7. (1) The Chairperson shall preside over the meetings of the Commission,
Responsibility of
Chairperson and decide the agenda, and approve the proceedings of the meetings of the Commission.
Member-Secretary
of Commission. (2)The Member-Secretary shall act as full-time Member of the Commission
and shall function as the Chief Executive Officer and ensure general
superintendence and co-ordination with respect to all administrative matters of the
Commission.
Meetings of 8.(1) The Commission shall meet at such places and times, and shall follow
Commission. such rules of procedure in regard to the transaction of business at its meetings
(including quorum at such meetings), in such manner as may be specified by the
regulations, in consultation with the Central Government.
(2)All questions which come up before any meeting of the Commission shall
be decided by a majority of the votes of the Members present and voting, and in the
event of an equality of votes, the Chairperson, or in his absence, the Member chosen
by other Members to preside over the meeting, shall have a second or casting vote.
(3) The Commission may invite, as special invitees, the Heads of such other
bodies as the Commission deems fit:
Provided that when the Commission is deciding upon a matter pertaining to
the exclusive domain of any specific Professional Body, the Commission may invite
nominees of the said Body.
9. Subject to the provisions of this Act, the Commission shall discharge and
Functions of
Commission. perform the following functions, namely:––
(a) to provide high level strategic direction for comprehensive and
holistic growth of higher education and research in a competitive global
environment;
(b)to develop a roadmap for transforming higher educational institutions
into large multi-disciplinary education and research institutions;
(c) to develop a roadmap for promoting India as an education
destination;
(d) to develop a roadmap for integration and promotion of Bharatiya
knowledge, languages and arts across the multi-disciplinary higher
education system;
(e) to provide strategic direction for synergistic functioning of the
Councils established under this Act and ensure co-ordination between them;
(f)to give directions to the Councils for the purposes of co-ordination;
(g)to provide financial support for proper functioning of the Councils;22 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(h) to formulate and suggest such schemes to the Central Government
for improvement of quality of education;
(i) to recommend to the Central Government to create one or more
Bodies for furtherance of the objectives of this Act;
(j) to advise the Central Government or any State Government on any
question which may be referred to the Commission by the Central Government
or the State Government, as the case may be;
(k)to advise the Central Government or any State Government, as the case
may be, on any question which is considered as important by the Commission for
the holistic development of higher education in the country; and
(l)to perform such other functions, as may be prescribed.
CHAPTER III
VIKSIT BHARAT SHIKSHA VINIYAMAN PARISHAD
10. (1) With effect from such date as the Central Government may, by Establishment of
Regulatory
notification, appoint, there shall be established a Regulatory Council to be known
Council.
as the Viksit Bharat Shiksha Viniyaman Parishad, which shall function as the
common regulator of higher education in India.
(2) The Regulatory Council referred to in sub-section (1), shall be a body
corporate by the name aforesaid having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and to contract and shall, by the said name,
sue or be sued.
(3) The Regulatory Council shall be headed by a President and shall consist
of other Members, not exceeding fourteen in number.
(4)Of the fourteen Members referred to in sub-section (3), there shall be—
(a) two eminent and distinguished academicians not below the rank
of Professor—Members;
(b) one eminent and distinguished academician not below the rank of
Professor from a State Higher Educational Institution—Member;
(c)one person representing the Council of Architecture—Member;
(d)three eminent and distinguished academicians not below the rank of
Professor from the Institutions of national importance—Members;
(e) one nominee of States and Union territories, on a rotation
basis—Member;
(f)two eminent experts—Members;
(g)one nominee of the Department of Higher Education in the Ministry
of Education, who shall not be below the rank of Joint Secretary to the
Government of India—ex officio Member;
(h) one Member to be nominated by the Accreditation Council from
amongst its Members—ex officio Member;
(i)one Member to be nominated by the Standards Council from amongst
its Members—ex officio Member; and
(j)a Member Secretary:
Provided that the Members referred to in clauses (a) and (j) of this
sub-section, shall act as full-time Members and the Members referred to in
clauses (b), (c), (d), (e) and (f) shall act as part-time Members.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
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(5)The Regulatory Council may invite such experts as may be determined by
it as special invitees for its meetings in such manner as may be specified by
regulations made by it, in consultation with the Central Government:
Provided that when the Regulatory Council is deciding upon a matter
pertaining to the exclusive domain of any specific professional body, it may invite
nominee of the said body.
Functions of 11.(1) The Regulatory Council shall take all such steps as it may deem fit for
Regulatory the co-ordination and maintenance of standards and compliance of regulatory
Council.
provisions in higher educational institutions.
(2) Without prejudice to the generality of the foregoing provisions, the steps
referred to in sub-section (1), may provide for all or any of the following matters,
namely:—
(a) to require that all higher educational institutions attain full
accreditation and thereby autonomy in a graded manner, to transform the
current higher education sector into one comprising autonomous, vibrant and
empowered multidisciplinary higher educational institutions with high quality
education, research and service including integrated vocational education,
training and skilling programs;
(b)to require full online and offline public self-disclosure of all finances,
audits, procedures, infrastructure, faculty, courses, educational outcomes and
accreditation related information by higher educational institutions on a public
website maintained by the Regulatory Council and on the websites of
institutions;
(c) to require that all academic, administrative and financial affairs of
higher educational institutions are conducted lawfully and reported truthfully
and transparently on the public website maintained by Regulatory Council and
on the websites of institutions;
(d)to develop a coherent policy to prevent commercialisation of higher
education;
(e) to develop and implement a systematic plan for disclosure of key
financial matters by higher educational institutions and require that the
auditing and financial disclosure standards of higher educational institutions
are adhered to;
(f)to take swift corrective action in not later than sixty days in cases of
dishonest public self-disclosure or any other academic, administrative or
financial impropriety;
(g) to require that students have free access to a fair, transparent and
robust grievance redressal mechanism;
(h) to dispose of complaints or grievances received against the higher
educational institutions from the stakeholders;
(i)to provide that the minimum standards for setting up and operation of
higher educational institutions as determined by the Standards Council are
complied with;
(j)to develop a model and roadmap for setting up and operation of higher
educational institutions;
(k) to facilitate autonomy of higher educational institutions in a graded
and time bound manner;
(l)to specify standards for select foreign universities to operate in India,
with the prior approval of the Central Government:24 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Provided that for the foreign university campuses which were already
set up in India and governed by the existing regulations of the University
Grants Commission, notified before the commencement of this Act, the
powers vested with the “University Grants Commission” therein, shall vest
with the Regulatory Council;
(m)facilitate high performing Indian Universities to set up campuses in
other countries, with the prior approval of the Central Government;
(n) require that only suitably accredited higher educational institutions
offer open and distance learning, online education and digital education;
(o) decide on the continuance of functioning and maintenance of
inter-University centres established under clause (ccc) of section 12 of
3 of 1956. the University Grants Commission Act, 1956, which were in existence
before the commencement of the Act, in consultation with the Central
Government;
(p) recommend to any higher educational institution the measures
necessary for the improvement of higher education and advise the higher
educational institution upon the action to be taken for the purpose of
implementing such recommendation;
(q)furnish such information to the Commission, as the Commission may
require, in connection with the performance of its functions under this
Act; and
(r)perform such other functions, as may be prescribed.
(3) The functions to be discharged by the Regulatory Council under clauses
referred to in sub-section (2), other than clauses (c), (e), (j), (o), (p), (q) and (r), shall
be such as may be specified by the regulations made by the Regulatory Council in
this regard.
(4)The Regulatory Council may authorise any accredited higher educational
institution, other than a University, to grant degrees in such manner as may be
specified by the regulations by the Regulatory Council, with the prior approval of
the Central Government:
Provided that the Regulatory Council may, with the prior approval of the
Central Government, revoke such authorisation accorded to a higher educational
institution, if such institution violates the provisions of this Act or the rules and
regulations made thereunder:
Provided further that no such authorisation shall be revoked without providing
an opportunity of being heard.
(5)The Regulatory Council shall take measures to facilitate colleges to attain,
required accreditation benchmarks, and eventually become autonomous
degree-granting colleges.
(6) The Regulatory Council shall meet at such places and times, and follow
such rules of procedure in regard to the transaction of business at its meetings
(including quorum at such meetings), as may be specified by the regulations made
by the Regulatory Council in consultation with the Central Government.
12.(1) Notwithstanding anything contained in this Act, any existing or newly Establishment of
accredited University shall establish constituent colleges, off-campuses and constituent
colleges, etc.
multiple campuses, only with prior approval of the Regulatory Council.
(2) The manner of establishing constituent colleges, off-campuses and
multiple campuses, shall be such as may be prescribed.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
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CHAPTER IV
VIKSIT BHARAT SHIKSHA GUNVATTA PARISHAD
Establishment of 13. (1) With effect from such date as the Central Government may, by
Accreditation notification, appoint, there shall be established an Accreditation Council to be
Council.
known as the Viksit Bharat Shiksha Gunvatta Parishad.
(2) The Accreditation Council referred to in sub-section (1) shall be a body
corporate by the name aforesaid having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and to contract and shall, by the said name,
sue or be sued.
(3)The Accreditation Council shall consist of a President and other Members,
not exceeding fourteen in number.
(4)Of the fourteen Members referred to in sub-section (3), there shall be––
(a)two eminent and distinguished academicians, not below the rank of
Professor—Members;
(b)two eminent and distinguished academicians, not below the rank of
Professor from State Higher Educational Institutions—Members;
(c)one person representing the Council of Architecture—Member;
(d)three eminent and distinguished academicians not below the rank of
Professor from the Institutions of national importance—Members;
(e)one nominee of the Department of Higher Education in the Ministry
of Education, who shall not be below the rank of Joint Secretary to the
Government of India—ex officio Member;
(f)two eminent experts—Members;
(g) one Member to be nominated by the Regulatory Council from
amongst its Members—ex officio Member;
(h)one Member to be nominated by the Standards Council from amongst
its Members—ex officio Member; and
(i)a Member Secretary:
Provided that the Members referred to in clauses (a) and (i) shall act as full-
time Members and the Members referred to in clauses (b), (c), (d) and (f) shall act
as part-time Members.
(5)The Accreditation Council may invite such experts as may be determined
by it as special invitees for its meetings in such manner as may be specified by it by
regulations in consultation with the Central Government:
Provided that when the Accreditation Council is deciding upon a matter
pertaining to the exclusive domain of any specific professional body, it may invite
nominee of the said body.
Functions of 14. (1) The Accreditation Council shall function as an accrediting body and
Accreditation shall take such steps to supervise and oversee independent ecosystem of
Council.
accreditation.
(2) Without prejudice to the generality of the foregoing provisions, the steps
referred to in sub-section (1), may provide for all or any of the following matters,
namely:––26 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(a)develop an outcome based Institutional Accreditation Framework in
consultation with relevant stakeholders, which shall be used to assess and
accredit higher educational institutions leading to accreditation with or
without open and distance learning, online or digital learning, or any other
form of learning, as the case may be;
(b) carry out accreditation using technology driven systems operated
through the public website referred to in clause (b) of sub-section (2) of
section 11;
(c)empanel and de-empanel accrediting institutions, as the case may be,
to develop a high-quality and high-integrity accreditation system with
adequate capacity to meet the requirements for accreditation of higher
educational institutions;
(d)monitor and review the performance of accrediting institutions;
(e) compile and disseminate all accreditation related information
regarding the accreditation of higher educational institutions to the public
including stakeholders for ensuring the highest degree of probity is maintained
through complete transparency;
(f) recommend to the Regulatory Council for imposition of penalties
referred to in section 33 for contravention of the matters relating to
accreditation of higher educational institutions;
(g) assess the requirements of accreditation and develop a perspective
plan for ensuring accreditation of all higher educational institutions;
(h)furnish such information to the Commission as the Commission may
require in connection with the performance of its functions under this Act; and
(i)perform such other functions as may be prescribed.
(3) The functions of the Accreditation Council under clauses referred to in
sub-section (2), other than clauses (f), (g), (h) and (i), shall be such as may be
specified by the regulations made by the Accreditation Council in this regard.
(4)The Institutional Accreditation Framework shall lay down parameters for
accreditation involving only educational outcomes, good governance, financial
probity and stability and transparent public disclosure of all academic, operational
and financial matters to guide the accrediting institutions in such manner as may be
specified by regulations made by the Accreditation Council.
(5)The higher educational institutions shall accurately state educational inputs
and specific intended educational outcomes in their Institutional Development Plan
which should be publicly disclosed and such plan should emphasise the quality of
educational outcomes and governance mechanisms and their adherence.
Explanation.––For the purposes of this sub-section, the expression
“Institutional Development Plan” means a strategic document designed to ensure
the alignment of Institution with educational, research and societal goals, while
maintaining compliance with national standards and regulations and includes the
objectives, initiatives, resource allocation of the institution and its timelines for
institutional development in the short, medium and long term.
(6)The Accreditation Council shall meet at such places and times, and follow
such rules of procedure in regard to the transaction of business at its meetings,
(including quorum at such meetings), as may be specified by the regulations made
by the Accreditation Council in consultation with the Central Government.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27
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CHAPTER V
VIKSIT BHARAT SHIKSHA MANAK PARISHAD
Establishment of 15. (1) With effect from such date as the Central Government may, by
Standards
notification, appoint, there shall be established a Standards Council to be known as
Council.
the Viksit Bharat Shiksha Manak Parishad.
(2) The Standards Council, referred to in sub-section (1), shall be a body
corporate by the name aforesaid having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold and dispose of
property, both movable and immovable, and to contract and shall, by the said name,
sue or be sued.
(3)The Standards Council shall consist of a President and other Members, not
exceeding fourteen in number.
(4)Of the fourteen Members referred to in sub-section (3), there shall be––
(a) two eminent and distinguished academicians not below the rank of
Professor—Members;
(b) one eminent and distinguished academicians not below the rank of
Professor from a State Higher Educational Institution—Member;
(c) one nominee of States and Union territories, on a rotation
basis—Member;
(d)one person representing the Council of Architecture—Member;
(e)three eminent and distinguished academicians not below the rank of
Professor from Institutions of national importance—Members;
(f)two eminent experts—Members;
(g) one nominee of the Department of Higher Education in the
Ministry of Education, who shall not be below the rank of Joint Secretary to
the Government of India—ex officio Member;
(h) one Member to be nominated by the Regulatory Council from
amongst its Members—ex officio Member;
(i) one Member to be nominated by the Accreditation Council from
amongst its Members—ex officio Member; and
(j)a Member Secretary:
Provided that the Members referred to in clauses (a) and (j) shall act as full-
time Members and the Members referred to in clauses (b), (c), (d), (e) and (f) shall
act as part-time Members.
(5)The Standards Council may invite such experts as may be determined by
it as special invitees for its meetings in such manner as may be specified by
regulations made by it:
Provided that when the Standards Council is deciding upon a matter pertaining
to the exclusive domain of any specific professional body, it may invite nominees
of the said body.
Functions of 16.(1) The Standards Council shall take all such steps as it may think fit for
Standards the determination of academic standards in higher educational institutions for higher
Council. education and for the purpose of performing the functions under this Act.28 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(2) Without prejudice to the generality of the foregoing provisions, the steps
referred to in sub-section (1) may provide for all or any of the following matters,
namely:—
(a) frame expected learning outcomes (also referred to as “graduate
attributes”) for higher education programmes which may guide higher
educational institutions;
(b) provide guiding principles for learning outcomes, to ease the
integration of vocational education into higher education;
(c) provide the nomenclature of “certificate” and “diploma”, and the
levels of educational qualifications, other than “Doctor of Philosophy”,
“degree”, “diploma” and “certificate”, which may be awarded by any higher
educational institution, in consultation with the Central Government;
(d) provide the norms for credit transfers, equivalence and other related
matters to facilitate mobility of students;
(e) develop a suggested broad framework of higher education
qualifications for institutions and programmes and across the open and
distance learning, online, and the traditional “in-class” modes, within which
institutions and faculty shall have the autonomy to innovate on matters of
curriculum, pedagogy and assessment;
(f) promote quality of academic instruction and determine minimum
academic standards in higher educational institutions;
(g) lay down clear minimum standards for setting up and operation of
higher educational institutions;
(h) establish non-binding frameworks for innovative development of
curriculum, pedagogy, assessment, and student support, including the
promotion of internationalisation of education to attain world class standards
in all areas as well as the Indianisation of education to promote Bharatiya
knowledge, arts and languages, for enhanced student experiences and to meet
learning outcomes;
(i) develop a perspective plan for determination of academic standards
in higher educational institutions;
(j)lay down such qualifications, as may be determined by it, that should
be required of any person to be appointed as the staff of the higher educational
institution:
Provided that nothing in this clause shall prohibit the appointment of
distinguished experts with remarkable contributions in their respective fields;
(k)furnish such information to the Commission as the Commission may
require in connection with the performance of its functions under this Act; and
(l)perform such other functions as may be prescribed:
Provided that the Standards Council shall consider the inputs of such
professional bodies, where required, while drawing the curriculum framework,
laying down academic standards and co-ordination between teaching, research and
extension of their domain or discipline.
(3) The functions of the Standards Council under clauses referred to in
sub-section (2), other than clauses (b), (c), (h), (j), (k) and (l), shall be such as may
be specified by the regulations made by it.
(4) The Standards Council shall meet at such places and times, and follow
such rules of procedure in regard to the transaction of business at its meetings
(including quorum at such meetings) as may be specified by the regulations made
by the Standards Council in consultation with the Central Government.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29
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CHAPTER VI
GENERAL PROVISIONS
17. (1) The right of conferring or granting degrees shall be exercised
Right to confer
degrees. only by a University or an Institution specially empowered by an Act of
Parliament to confer or grant degrees, or a higher educational institution empowered
under this Act.
(2)Save as provided in sub-section (1), no person or authority shall confer or
grant or hold himself or itself out as entitled to confer or grant, any degree.
(3)For the purposes of this section, “degree” means any such degree as may,
with the previous approval of the Central Government, be notified in this behalf by
the Standards Council.
Qualification 18. The Chairperson shall be a person of eminence and reputation to be
and appointment appointed in an honorary capacity by the President of India on the recommendations
of Chairperson
of the Central Government.
of Commission.
19.(1) The President of the respective Councils shall be persons of eminence
Qualification for
appointment as and standing in the field of higher education or research possessing leadership
Presidents and abilities, capacity for institution building and governance of institutions of higher
full-time
learning, and having experience of not less than ten years as Professor or equivalent
Members of
Councils. in a distinguished higher educational institution or University.
(2)The full-time Members of the Councils shall be distinguished and eminent
academicians of repute not below the rank of Professor and having experience of
not less than ten years as Professor or equivalent in a distinguished higher
educational institution or University or a scholar of repute in a research institute, or
persons of outstanding ability, proven administrative capacity and integrity.
Appointment of 20.(1) The Presidents and full-time Members of the Councils shall be appointed
Presidents and by the President of India on the recommendations of the Search-cum-Selection
Members of Committee referred to in section 21.
Councils and
Member
(2)The other Members of the Commission and the Councils, other than the ex
Secretaries of
Commission and officio Members and Member Secretary of the Commission and the Councils, shall
Councils. be appointed by the President of India on the recommendations of the Central
Government in such manner as may be prescribed.
(3) For efficient administration of the Commission, the Central Government
shall appoint Member Secretary not below the rank of the Secretary to the
Government of India or who has served as Secretary to the Government of India in
such manner as may be prescribed.
(4)For efficient administration of the Councils, the Central Government shall
appoint Member Secretaries not below the rank of the Joint Secretary to the
Government of India or who has served as Joint Secretary to the Government of
India in such manner as may be prescribed.
Search-cum- 21.(1) The Search-cum-Selection Committee shall consist of––
Selection
Committee. (a)two eminent experts nominated by the Central Government with one
of them designated as the Chairperson of the Search-cum-Selection
Committee; and
(b)the Secretary to the Government of India in the Department of Higher
Education, Ministry of Education—ex officio Member.
(2) The term of the Search-cum-Selection Committee and the manner of
selection of panel of names shall be such as may be prescribed.30 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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22.(1) The term of office of the Chairperson of the Commission shall be for Term of office
for Chairperson,
an initial period of three years, which may be extended up to five years, from the
Presidents of
date of his appointment and he shall be eligible for re-appointment for another term.
Councils,
Members of
(2)The term of office of the President of each Council shall be for a period of
Councils and
three years which may be extended up to five years from the date of their nominees of
appointment or till they attain the age of seventy years, whichever is earlier and they States and Union
territories.
shall be eligible for re-appointment for another term.
(3)The term of office of the Members of the Commission and Councils, other
than ex officio Members, shall be for a period of three years or till they attain the
age of seventy years, whichever is earlier and they shall be eligible for
re-appointment for another term:
Provided that the term of office of ex officio Members of the Commission or
the Councils, as the case may be, shall continue as long as they hold the office by
virtue of which they are such Members.
(4) The nominees of States and Union territories with respect to Regulatory
Council and Standards Council shall be appointed as Members on rotation basis for
a period of one year, in such manner as may be determined by the Central
Government.
23.(1) In the event of the occurrence of a vacancy in the office of— Filling of casual
vacancies in
(a)the Chairperson of the Commission; or Commission or
Councils.
(b)the President of any Council; or
(c)any full time Member of the Councils; or
(d)the Member Secretary of the Commission or the Councils, as the case
may be,
whether by reason of his death, resignation or inability to discharge his functions
owing to illness or other incapacity, or by any other reason, may be filled by the
Central Government by making a fresh appointment from the date on which such
vacancy occurs and the Chairperson, President or Member of the Commission or
Councils so appointed shall hold office for the remainder of the term of office of the
person in whose place he is so appointed or till the appointment of regular
incumbent, whichever is earlier:
Provided that during the period of occurrence of vacancy in the office of the
Chairperson or the Presidents of the Councils, as the case may be, the Central
Government may nominate any other Member of the Commission or the Councils
to hold the office of the Chairperson or the Presidents of the Councils, as the case
may be.
24. (1) The President of India may, on the recommendation of the Central Removal of
Chairperson or
Government, by order, remove the Chairperson of the Commission or President or
any other
any full-time Member of the respective Councils, who–– Member of
Commission or
(a)has been adjudged an insolvent; or Presidents or
Members of
(b)has been convicted of an offence which, in the opinion of the Central Councils.
Government, involves moral turpitude; or
(c)has become physically or mentally incapable of acting as a Member; or
(d)is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Member; or
(f) has so abused his position as to render his continuance in office
prejudicial to public interest; orSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31
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(g) has violated the provisions of this Act or the rules and regulations
made thereunder.
(2) No Member shall be removed under clauses (e), (f) and (g) of
sub-section (1) unless he has been given a reasonable opportunity of being heard in
the matter.
(3) The Chairperson of the Commission, the President or any full-time
Member of the Councils may resign their office by giving in writing to the Central
Government a notice of not less than three months:
Provided that such person may be relieved from duties earlier than three
months or be allowed to continue beyond three months until a successor is
appointed, if the Central Government, so decides.
(4) The other Members of the Commission or the Councils, as the case may
be, shall be removed by the President of India on the recommendations of the
Central Government in such manner as may be prescribed.
Declaration by 25. (1) The Chairperson or any other Member of the Commission or the
Chairperson or Presidents or the Members of the respective Councils shall, immediately after
any other
appointment and every year thereafter, make a declaration to the extent of his
Member of
Commission or interest, whether direct or indirect and whether pecuniary or otherwise, in any
Presidents or institution of research or higher educational institution or in any other professional
Members of
or financial activity, as may be prescribed.
Councils.
(2)The declaration so made under sub-section (1), shall be placed in the public
domain by the Commission or Councils, as the case may be.
Restriction of 26. The Chairperson or full-time Members of the Commission or the
reemployment. Presidents or the full-time Members of the respective Councils shall not, for a period
of two years from the date on which they cease to hold office, accept any
employment in, or connected with their domain of duty as Chairperson or Members
of the Commission, Presidents or full-time Member of the Councils, as the case may
be, under this Act or the rules and regulations made thereunder:
Provided that nothing contained in this section shall apply to any employment
under the Central Government or a State Government or any statutory authority or
any Central or State University or institution:
Provided further that this section shall not be applicable in cases of repatriation
to the parent cadre upon completion of tenure.
Salary, 27. (1) The salary and allowances payable to, and the other terms and
allowances and conditions of service of the Presidents and full-time Members of the respective
other terms and
Councils and Member Secretaries of the Commission and Councils, other
conditions of
service of than ex officio Members, shall be such as may be prescribed:
Presidents and
other full-time Provided that the part-time Members of the Commission and respective
Members of Councils shall be entitled to such allowances as may be determined by the Central
respective
Government.
Councils and
Member
(2) The salary, allowances and other terms and conditions of service of the
Secretaries of
Commission and Presidents and full-time Members of the respective Councils and Member
Councils. Secretaries of the Commission and Councils, shall not be varied to their
disadvantage after their appointment.
Vacancy, etc., 28.No act or proceedings of the Commission or the Councils shall be invalid
not to invalidate merely by reason of––
proceedings of
Commission or (a)any vacancy in, or any defect in the constitution of the Commission
Councils.
or the Councils, as the case may be; or32 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(b)any defect in the appointment of a person acting as a Chairperson of
the Commission or President of the Council; or
(c)any irregularity in the procedure of the Commission or Councils not
affecting the merits of the case.
29.The Chairperson and Members of the Commission, and the President and Oath of office.
Members of the respective Councils shall, before entering upon their office, make
and subscribe to an oath of office and of secrecy in such form, manner and before
such authority, as may be prescribed.
30. The head offices of the Commission and the Councils shall be at such Head offices of
places as may be notified by the Central Government. Commission and
Councils.
31. Subject to such rules as may be made by the Central Government in this Secretariats for
behalf, including the organisation structure, maintenance of lien, tenure of Commission and
Councils.
appointment and recruitment rules, the Commission and each of the Councils shall
have separate Secretariats for the discharge of responsibilities and efficient
performance of its functions under this Act.
32. The Chairperson and Presidents of the Councils, and Members, officers Members, etc.,
and employees of the Commission or Councils shall be deemed to be public servants to be public
servants.
within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.
45 of 2023.
CHAPTER VII
CONTRAVENTIONS, PENALTIES AND ADJUDICATION
33. (1) The Regulatory Council may impose penalties on higher educational Penalties.
institutions for contravention of the provisions of this Act or the rules or regulations
made thereunder, in the following manner, namely:––
(a)if a higher educational institution contravenes the provisions of this
Act or the rules or regulations made thereunder, the Regulatory Council may
issue a notice in writing to such institution and seek clarification for
rectification of mistakes committed by the institution and if such mistake is
not rectified within the period specified in the notice, there shall be imposed a
penalty which shall not be less than ten lakh rupees;
(b)if the higher educational institution again contravenes the provisions
of this Act or the rules or regulations made thereunder, the Regulatory Council
may impose a penalty which shall not be less than thirty lakh rupees, or
recommend to the Central Government or the appropriate State Government
or appropriate body within the higher educational institutions, as the case may
be, for the removal of persons found to be responsible for such contraventions
from the employment, or review the level of autonomy accorded, both
academic and administrative and revise the same, pending rectification of the
violation, or withhold or recommend to the appropriate Government for
withholding from the higher educational institution the grants proposed to
be made;
(c) further, if the higher educational institution again contravenes the
provisions of this Act or rules and regulations made thereunder, and if such
contravention is a continuing one or persistent, the Regulatory Council may
impose a penalty which shall not be less than seventy-five lakh rupees, or
recommend to the Central Government or appropriate State Government to
suspend or otherwise modify the right to confer certificates, diplomas or
degrees, as the case may be, or advise the affiliating University to revoke the
affiliation of the higher educational institution, or recommend to the Central
Government or appropriate State Government, as the case may be, the closure
or winding up of the higher educational institution and place the
recommendation in the public domain:Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
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Provided that for the purposes of ascertaining the contravention, the
Regulatory Council may cause an inspection of any higher educational institution
by such person or persons as it may direct:
Provided further that the penalties under clauses (b) and (c) of this sub-section
shall be imposed after giving such higher educational institution a reasonable
opportunity of being heard.
(2) If any person establishes a University or higher educational institution
without the approval of the Central Government or the respective State Government,
such person shall be liable to a penalty which shall not be less than two crore rupees
or such amount as may be specified from time to time along with immediate closure
of such institution in such manner as may be prescribed.
Adjudication of 34.For the purposes of adjudging the penalties under this Act, the Regulatory
penalties. Council shall set up an adjudicatory mechanism, in such manner as may be prescribed.
Crediting sums 35. All sums realised by way of penalties under this Act shall be credited to
realised by the Fund.
penalties.
Penalty not to 36. The Regulatory Council shall take steps to ensure that the imposition of
affect interest of any penalty under this Act or the rules and regulations made thereunder, does not
students. affect the interests of the students or cause any monetary repercussions for the
students enrolled therein.
Appeal against 37.Any person aggrieved by any order made by the Commission or any of the
order or decision Councils, may prefer an appeal to the Central Government within such period and in
of Commission
such manner as may be prescribed and the decision of the Central Government thereon
or Councils.
shall be binding on the parties.
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT
38.(1) The Central Government may, after due appropriation made by Parliament
Grants by
Central by law in this behalf, make to the Commission grants of such sums of money as the
Government. Central Government may think fit for being utilised for the purposes of this Act.
(2)The Commission may make due appropriations to the Councils.
Fund of 39.(1) The Commission shall have its own Fund to be called the Viksit Bharat
Commission. Shiksha Adhishthan Fund and all sums which may, from time to time, be granted to
it by the Central Government and all the receipts of the Commission and the
Councils (including any sum which any State Government or any other authority or
person may deposit) shall be carried to the Fund and all payments by the
Commission and Councils shall be made therefrom.
(2) All moneys belonging to the Fund shall be deposited in such banks or
invested in such manner as may, subject to the approval of the Central Government,
be decided by the Commission.
(3) The Commission may spend such sums as it thinks fit for performing its
functions under this Act, and such sums shall be treated as expenditure payable
out of the Fund and such funds shall be applied for carrying out the provisions of
this Act and any functions assigned by the Central Government to the Commission
and Councils.
40. In each financial year, the Commission shall, in co-ordination with the
Budget.
Councils, prepare a budget for the next financial year showing the estimated receipts
and expenditure, in such form and within such period as may be prescribed.
41. (1) The Commission shall, in co-ordination with the Councils and in
Accounts and
audit. consultation with the Comptroller and Auditor-General of India, maintain proper
accounts and other relevant records and prepare an annual statement of accounts in
such form and manner as may be prescribed.34 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(2) The accounts of the Commission and Councils referred to in
sub-section (1), shall be audited by the Comptroller and Auditor-General of India at
such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Commission.
(3) The Comptroller and Auditor-General of India and any other person
appointed in connection with the audit of the accounts of the Commission
and the Councils shall have the same rights, privileges and authority in
connection with such audit as the Comptroller and Auditor-General of India
generally has, in connection with the audit of the Government accounts and, in
particular, shall have the right to demand the production of books of accounts,
connected vouchers and other documents and papers and to inspect the office
of the Commission.
(4) The accounts of the Commission and the Councils as certified by the
Comptroller and Auditor-General of India or any other person appointed by him in
this behalf, together with the audit report thereon, shall be forwarded by the
Commission annually to the Central Government which shall cause the same to be
laid before each House of Parliament.
42.(1) The Commission shall, in co-ordination with the Councils, furnish to the Furnishing of
Central Government, in such form, manner and within such period as may be prescribed returns and
reports to
or as the Central Government may direct, such reports and statements, containing such
Central
particulars in regard to any matter under the jurisdiction of the Commission or Government.
the Councils, as the that Government may, from time to time, require.
(2)The Commission shall, in co-ordination with the Councils, prepare once in
every year, in such form and within such period, as may be prescribed, an annual
report giving a summary of activities of the Commission and the Councils during
the previous year and copies of the reports shall be forwarded to the Central
Government.
(3) A copy of the report received under sub-section (2) shall be laid by the
Central Government, as soon as it may be after it is received, before each House of
Parliament.
(4) The Commission shall place its respective annual report referred to in
sub-section (2) in the public domain as soon as the same is laid before each House
of Parliament.
CHAPTER IX
MISCELLANEOUS
43.(1) The Commission and each of the Councils constituted and established Temporary
under this Act, may associate with itself, in such manner and for such purposes as association of
persons with
may be specified by regulations made under this Act in this behalf, with the approval
Commission or
of Central Government, any person whose assistance or advice it may desire in Councils for
carrying out any of the provisions of this Act or the rules and regulations made particular
purposes.
thereunder.
(2)A person associated with it by the Commission or the Councils, as the case
may be, under sub-section (1) for any purpose, shall have a right to take part in the
discussions relevant to that purpose, but shall not have a right to vote at a meeting
of the Commission or the Councils, as the case may be, and shall not be a member
for any other purpose.
44.All orders, decisions and other instruments issued by the Commission and Authentication
of orders and
Councils shall be authenticated by the signature of the Member Secretary of the
other
Commission or Council, as the case may be.
instruments of
Commission and
of each Council.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35
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45.(1) In the discharge of its functions under this Act, each body constituted
Power of Central
Government to or established under this Act, shall be bound by such directions on questions of
issue directions. policy, as the Central Government may give in writing to such body from
time to time.
(2)In case of a disagreement between the Central Government and any of the
bodies constituted or established under this Act as to whether a question is or is not
a question of policy, the decision of the Central Government shall be final.
(3) The Central Government may direct the Commission or the Councils to
perform such other functions as it deems fit.
46.The Commission or the Councils, as the case may be, may, by notification,
Delegation of
powers. delegate to any Member or Member Secretary, subject to such conditions, if any, as
may be specified in such notification, such of its powers and functions under
this Act (except the power to make regulations under section 51) as it may
deem necessary.
Power of Central 47.(1) If at any time the Central Government is of the opinion that―
Government to
supersede (a) the Commission or any of the Councils is unable to discharge
Commission and
the functions and duties imposed on it by or under the provisions of
Councils
this Act; or
established
under this Act.
(b) the Commission or the Councils, as the case may be, established
under this Act has persistently made default in complying with any direction
given by the Central Government under this Act or in the discharge of the
functions and duties imposed on it by or under the provisions of this Act,
the Central Government may, with the prior approval of the President of India, by
order published in the Official Gazette, supersede the Commission or the Councils,
as the case may be, for such period, not exceeding six months, as may be specified
in the order:
Provided that before issuing any such order, the Central Government shall give
an opportunity to the Commission or the Councils, as the case may be, to show cause
as to why it should not be superseded and shall consider the explanations and
objections, if any, of the Commission or the Councils, as the case may be.
(2) Upon the publication of an order under sub section (1) superseding the
Commission or the Councils, as the case may be,––
(a)the Chairperson of the Commission, or the Presidents of the Councils
and other Members of the Commission or the Councils, as the case may be,
shall, as from the date of supersession, vacate the offices as such;
(b) all the powers, functions and duties which may, by or under the
provisions of this Act, be exercised or discharged by or on behalf of the
Commission or the Councils shall, until the Commission or the Councils, as
the case may be, is reconstituted as per the provisions of this Act, be exercised
and discharged by the Central Government or such person or persons as that
Government may direct; and
(c) all properties owned or controlled by the Commission or the
Councils, as the case may be, shall, until such body is reconstituted, remain
vested in the Central Government.
(3)On the expiration of the period of supersession specified in the order issued
under sub-section (1), the Central Government may––
(a)extend the period of supersession for such further term not exceeding
six months, as it may consider necessary; or36 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(b)reconstitute the Commission or the Councils, as the case may be, by
fresh appointment and in such case, the Members who vacated their offices
under clause (a) of sub-section (2) shall not be deemed disqualified for
appointment:
Provided that the Central Government may, at any time before the
expiration of the period of supersession, whether as originally specified under
sub-section (1) or as extended under this sub-section, take action under
clause (b) of this sub-section.
(4)The Central Government shall cause an order issued under sub-section (1)
and a complete report of any action taken under this section and the circumstances
leading to such action to be laid before each House of Parliament, while the
Parliament is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions.
48.No suit, prosecution, or other legal proceedings shall lie against any office Protection of
action taken in
bearer or officer or employee of the Commission or Council, as the case may be, for
good faith.
anything which has been done or intended to be done in good faith under this Act.
49. The provisions of this Act shall have effect irrespective of anything Act to have
inconsistent therewith contained in any other law for the time being in force: overriding
effect.
Provided that the institutional autonomy and independence accorded to the
Institutions of national importance and the institutions of eminence shall remain
duly protected in the manner as may be specified through regulations with the prior
approval of the Central Government.
50. (1) The Central Government may, by notification, and subject to the Power to make
condition of previous publication, make rules for carrying out the provisions of rules.
this Act.
(2) In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters, namely:––
(a)the other functions of the Commission under clause (l) of section 9;
(b) the other functions of the Regulatory Council under clause (r) of
sub-section (2) of section 11;
(c)the manner in which any existing or newly accredited university shall
establish constituent college, off-campuses and multiple campuses under
sub-section (2) of section 12;
(d) the other functions of the Accreditation Council under clause (i) of
sub-section (2) of section 14;
(e) the other functions of the Standards Council under clause (k) of
sub-section (2) of section 16;
(f) the manner in which other Members of the Commission and the
Councils shall be appointed by the President of India on the recommendations
of the Central Government under sub-section (2) of section 20;
(g) the manner in which Member Secretary of the Commission and
Councils shall be appointed by the Central Government under sub-section (3)
of section 20;
(h)the term of the Search-cum-Selection Committee and the manner of
selection of panel of names under sub-section (2) of section 21;
(i) the manner and period of inquiry for removal of Chairperson,
President and full-time Members of the respective Councils under
sub-section (1) of section 24;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37
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(j) the manner in which other Members of the Commission or the
Councils, as the case may be, may be removed by the Central Government
under sub-section (4) of section 24;
(k)the manner in which declaration shall be made by the Chairperson or
any other Member of the Commission or the President or the Members of the
respective Councils under sub-section (1) of section 25;
(l) the salary and allowances payable to, and the other terms and
conditions of service of the Presidents and full-time Members of the
respective Councils and Member Secretary of the Commission and the
Councils, under sub-section (1) of section 27;
(m) the form, manner, and authority before which the Chairperson and
Members of the Commission and Presidents of the Councils and its Members
shall before entering upon their office, make and subscribe to an oath of office
and of secrecy under section 29;
(n)the Secretariats for the Commission and Councils under section 31;
(o) the manner for closure of such higher educational institution
established without the approval of the Central Government or appropriate
State Government under sub-section (2) of section 33;
(p) the manner of setting up of adjudicatory mechanism by the
Regulatory Council under section 34;
(q) the period and manner for preferring an appeal against the order of
the Commission or any of the Councils before the Central Government under
section 37;
(r) the form and period at which the budget is to be prepared by the
Commission under section 40;
(s) the form and manner in which the Commission shall maintain
accounts and other relevant records and prepare an annual statement of
accounts under sub-section (1) of section 41;
(t) the form, manner and period within which the Commission shall
furnish to the Central Government reports and statements under
sub-section (1) of section 42;
(u)the form and period at which the Commission in co-ordination with
the Councils shall prepare, once in every year, an annual report under
sub-section (2) of section 42;
(v) any other matter to be provided by rules for carrying out the
provisions of this Act.
(3)The power to make rules under this section shall include the power to make
such rules or any of them retrospectively from a date not earlier than the date on
which this Act shall come into force but no such retrospective effect shall be given
to any such rule so as to prejudicially affect the interests of any person to whom
such rule may be applicable.
51. (1) The Commission or the respective Council, as the case may be, may
Power to make
regulations. by notification and subject to the condition of previous publication, make
regulations not inconsistent with the provisions of this Act and the rules made
thereunder for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following matters,
namely:––38 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(a)the procedure in regard to transaction of business at meetings of the
Commission (including quorum at such meetings) under sub-section (1) of
section 8;
(b) the manner to invite such experts as may be determined by the
Regulatory Council as “special invitees” for their meetings under
sub-section (5) of section 10;
(c)the functions of the Regulatory Council under clauses referred to in
sub-section (2), other than clauses (d), (e), (j), (o), (p), (q) and (r), under
sub-section (3) of section 11;
(d) the manner of authorisation for accredited higher educational
institutions, other than a University, to grant degrees under sub-section (4) of
section 11;
(e)the procedure in regard to transaction of business at meetings of the
Regulatory Council (including quorum at such meetings) under
sub-section (6) of section 11;
(f) the manner to invite such experts as may be determined by the
Accreditation Council as ‘special invitees’ for their meetings under
sub-section (5) of section 13;
(g)the functions of the Accreditation Council under clauses referred to
in sub-section (2), other than clauses (f), (g), (h) and (i), under sub-section (3)
of section 14;
(h) specifying the Institutional Accreditation Framework under
sub-section (4) of section 14;
(i)the procedure in regard to transaction of business at meetings of the
Accreditation Council (including quorum at such meetings) under
sub-section (6) of section 14;
(j) the manner to invite such experts as may be determined by the
Standards Council as special invitees for their meetings under sub-section (5)
of section 15;
(k) the functions of the Standards Council under clauses referred to in
sub-section (2), other than clauses (b), (c), (h), (i), (k) and (l) under
sub-section (3) of section 16;
(l)the procedure in regard to transaction of business at meetings of the
Standards Council (including quorum at such meetings) under sub-section (4)
of section 16;
(m) the manner and purposes for which the Commission and Councils
may associate with such persons for assistance or advice under sub-section (1)
of section 43;
(n) the manner for protecting the institutional autonomy and
independence accorded to the Institutions of national importance and the
institutions of eminence under section 49.
(3) All regulations made under this Act pertaining to co-ordination and
determination of standards in higher educational institutions require compliance by
all higher educational institutions, to enable high standards of quality and excellence
in higher educational institutions subject to the regulations made under clause (n)
and the rules made under clause (a) of sub-section (2) of section 50.
52. Every rule and every regulation made and every notification issued Laying before
under this Act shall be laid, as soon as may be after it is made and issued, before Parliament.
each House of Parliament, while it is in session, for a total period of thirty days
which may beSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39
_____________________________________________________________________________________________________________________________________________________________________________________________________
comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or regulation
or notification or both Houses agree that the rule or regulation or notification
should not be made or issued, the rule or regulation or notification shall
thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule or regulation or
notification.
Power to remove 53.(1) If any difficulty arises in giving effect to the provisions of this Act, the
difficulties. Central Government may, by order published in the Official Gazette, make such
provisions, not inconsistent with the provisions of this Act, as appear to it to be
necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of a
period of three years from the commencement of this Act.
(2)Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
54. (1) The University Grants Commission, the All India Council for
Transitional
provision. Technical Education and the National Council for Teacher Education established
under the University Grants Commission Act, 1956, the All India Council for 3 of 1956.
Technical Education Act, 1987 and the National Council for Teacher Education Act, 52 of 1987.
1993 respectively shall continue to be in force and operate, till the Commission and 17 of 1993.
Councils are established under this Act.
(2)Until appointment of the Chairperson of the Commission, Presidents and
full-time Members of the respective Councils, Member Secretary of the
Commission and the Councils and such other Members takes effect, the Central
Government shall, as a transitory measure, by notification, appoint the first
Chairperson of the Commission, the President and full-time Members of the
respective Councils, Member Secretary of the Commission and the Councils and
such other Members, for a period of two years or till the constitution of the
Commission and the Councils under the provisions of this Act, whichever is earlier.
(3)The institutions presently regulated by the University Grants Commission,
the All India Council for Technical Education and the National Council for Teacher
Education, shall be continued and shall always be deemed to have been continued,
as if the provisions of the University Grants Commission Act, 1956, the All India 3 of 1956.
Council for Technical Education Act, 1987 and the National Council for Teacher 52 of 1987.
Education Act, 1993, had been in force at all material times. 17 of 1993.
55. (1) With effect from such date as the Central Government may, by
Repeal and
savings. notification, appoint in this behalf, the University Grants Commission Act, 1956, 3 of 1956.
the All India Council for Technical Education Act, 1987 and the
52 of 1987.
National Council for Teacher Education Act, 1993 shall stand repealed and the
17 of 1993
University Grants Commission, All India Council for Technical Education
and the National Council for Teacher Education established under these Acts shall
stand dissolved.
(2) Notwithstanding the repeal of the enactments referred to in
sub-section (1),––
(a) the educational standards, requirements and other provisions of the
University Grants Commission, the All India Council for Technical Education
and the National Council for Teacher Education and the rules and regulations
made thereunder shall continue to be in force and operate till new standards or
requirements are specified under this Act or the rules and regulations made 5
thereunder:40 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
Provided that anything done or any action taken as regards the
educational standards and requirements under the enactments under repeal and
the rules and regulations made thereunder, shall be deemed to have been done
or taken under the corresponding provisions of this Act and shall continue in
force accordingly unless and until superseded by anything done or by any
action taken under this Act:
Provided further that the institutions of higher education under section 3
3 of 1956. of the University Grants Commission Act, 1956 shall be deemed to have been
the institutions under this Act and all the provisions of this Act shall apply to
such institutions;
(b)any reference to the said enactments in any law for the time being in
force shall be construed to be a reference to this Act;
(c) any reference to the University Grants Commission, All India
Council for Technical Education and National Council for Teacher Education
in any law or rule or regulation or any contract or other instrument for the time
being in force, shall be construed as a reference to the Commission or any of
the Councils constituted and established under this Act, as may be decided by
the Commission;
(d) all property, movable and immovable, of or belonging to the
University Grants Commission, All India Council for Technical Education
and National Council for Teacher Education shall vest in the Commission or
any of the Councils, as may be decided by the Central Government;
(e) all rights and liabilities of the University Grants Commission,
All India Council for Technical Education and National Council for
Teacher Education shall be transferred to, and be the rights and
liabilities of the Commission or any of the Councils constituted or
established under this Act and shall vest upon the Commission or Council, as
the case may be.
(3)The repeal of the said enactments shall not affect the proceedings pending
in various courts or tribunals immediately before the commencement of this Act,
under any of the said enactments and such proceedings shall be carried on and
disposed of as if those enactments subsist notionally.
(4)On the dissolution of the University Grants Commission, All India Council
for Teacher Education and the National Council for Teacher Education, the
Chairperson, Vice-Chairperson and other Members of these bodies holding office
as such immediately before such dissolution shall vacate their respective offices and
such Chairperson, Vice-Chairperson and other Members shall be entitled to claim
compensation not exceeding three months’ pay and allowances for premature
termination of their office or of any contract of service.
(5) On and from the date of commencement of this Act, every person
employed on a regular basis by the University Grants Commission, All India
Council for Technical Education or National Council for Teacher Education, as the
case may be, immediately before the commencement of this Act shall be deemed to
be employed by the Commission or any of the Councils, as may be decided
by the Commission, by the same tenure, at the same remuneration and
upon the same terms and conditions and with the same rights and
privileges as to pension, leave, gratuity, provident fund and other
matters as he would have held the same, if this Act had not been enacted
and shall continue to do so unless and until his employment is terminated or until
such tenure, remuneration and terms and conditions are duly altered by the
rules or regulations:Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41
_____________________________________________________________________________________________________________________________________________________________________________________________________
Provided that any officer or other employee who has been, immediately before
the dissolution of the University Grants Commission, All India Council for
Technical Education and National Council for Teacher Education appointed on a
deputation basis to the University Grants Commission, All India Council for
Technical Education or National Council for Teacher Education, shall, on such
dissolution, stand reverted to his parent cadre, Ministry or Department, as the case
may be.
(6) Save as otherwise provided, the mention of particular matters in this
section, shall not be held to prejudice or affect the general application of section 6
10 of 1897. of the General Clauses Act, 1897, with regard to the effect of repeal.42 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
STATEMENT OF OBJECTS AND REASONS
Entry 66 of the Union List (List I) in the Seventh Schedule to the Constitution
of India provides for the co-ordination and determination of standards in institutions
for higher education or research and scientific and technical institutions.
Accordingly, the University Grants Commission was established under the
University Grants Commission Act, 1956 for the coordination and determination of
standards in Universities.
2.Subsequently the size, scale and complexities of higher education sector in
India have increased manifold with over one thousand Universities and more than
sixty thousand higher educational institutions, with more than four crore students
enrolled therein. The expansion of higher education system has also seen
establishment of several statutory regulatory bodies, requiring multiple approvals
by higher educational institutions, inspections, etc., resulting in over-regulation of
the sector and duplication of control. There exists a strong need for providing
simplified regulatory systems for higher educational institutions in the country.
3. The National Education Policy (NEP), 2020 envisions the revision and
revamping of all aspects of the education structure, including its regulation and
governance, to create a new system that is aligned with the aspirational goals of 21st
century education, including Sustainable Development Goal 4 (SDG4), while
building upon the traditions and value systems of our nation.
4.Further, the NEP, 2020 considers that the regulatory system is in need of a
complete overhaul in order to re-energise the higher education sector and enable it
to thrive. The NEP, 2020 envisions a “light but tight” regulatory framework to
ensure integrity, transparency and resource efficiency of the educational system
through audit and public disclosure while encouraging innovation and out-of-the-
box ideas through autonomy, good governance and empowerment.
5. Accordingly, after due consideration of the vision of the NEP, 2020,
analysis and suitable adaption of the global best practices in the field of higher
education, it is proposed to introduce a legislation, namely, the Viksit Bharat
Shiksha Adhishthan Bill, 2025 in Parliament.
6. The Viksit Bharat Shiksha Adhishthan Bill, 2025 provides for the
constitution of a Viksit Bharat Shiksha Adhishthan along with the three Councils,
namely, the Viksit Bharat Shiksha Viniyaman Parishad (the Regulatory Council),
the Viksit Bharat Shiksha Gunvatta Parishad (the Accreditation Council) and the
Viksit Bharat Shiksha Manak Parishad (the Standards Council) to enable and
empower Universities and other higher educational institutions to achieve
excellence in teaching, learning, research and innovation, as an outcome of better
co-ordination and determination of standards in institutions for higher education or
research and scientific and technical institutions.
7. The Bill further provides for repealing the University Grants Commission
Act, 1956, the All India Council for Technical Education Act, 1987 and the National
Council for Teacher Education Act, 1993.
8.The Bill also proposes that the Council of Architecture (CoA), established
under the Architects Act, 1972 will function as a Professional Standard Setting Body
(PSSB), as envisioned in the NEP, 2020. The CoA will have representation in all
the three Councils proposed to be established under the proposed legislation. As the
Member of the Standards Council, the CoA will participate in framing the curricula,
laying down academic standards and co-ordinating between teaching, research and
extension of its domain or discipline. Thus, CoA would set the standards or
expectations in its particular field of learning and practice while having no
regulatory role.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43
_____________________________________________________________________________________________________________________________________________________________________________________________________
9. The Viksit Bharat Shiksha Adhishthan will be an apex umbrella body to
provide direction for comprehensive and holistic growth of higher education and
ensure co-ordination between the Councils. The Standards Council shall ensure
synchronisation and determination of academic standards in higher educational
institutions, the Regulatory Council shall ensure co-ordination and maintenance of
standards in higher educational institutions, while the Accreditation Council shall
be an accrediting body to supervise and oversee an independent ecosystem of
accreditation.
10. Membership of the Viksit Bharat Shiksha Adhishthan and the Councils
primarily includes academicians, domain experts and representatives from States,
Union territories, State higher educational institutions and Institutions of national
importance.
11. The Viksit Bharat Shiksha Adhishthan will pave the path for
Atmanirbharta in higher education sector and create a talent pool of students who
will help the country in achieving the vision towards Viksit Bharat. This will
facilitate empowerment of youth by developing critical and innovative thinking
leading to holistic development, provide opportunities for inter-disciplinary and
flexible education thus permitting continuous reskilling and upskilling. The students
will also have access to fair, transparent and robust grievance redressal mechanism.
The Bill will thus make our present and upcoming generations future ready.”.
12.The Bill will bring in the required regulatory reforms to usher in an era of
autonomy of well performing higher educational institutions. The present
challenges faced by higher educational institutions due to multiplicity of regulators
having non-harmonised regulatory approval protocols will be done away with. The
entire system of regulation will be executed through technology driven single
window interactive system for higher educational institutions based upon public self
disclosure. The Regulatory Council will maintain a public portal wherein the higher
educational institutions will be required to report all matters pertaining to financial
probity, good governance, all finances, audits, procedures, infrastructure, faculty
and staff, courses and educational outcomes. The information provided on the public
portal of the Regulatory Council will also be the basis for accreditation of the higher
educational institutions.
13.The Bill will facilitate establishment of global standard higher educational
institutions in the country and significantly improve the Growth Enrolment Ratio
(GER) of the country.
14.The Notes on clauses explain in detail the various provisions contained in
the Bill.
15.The Bill seeks to achieve the above objectives.
NEW DELHI; DHARMENDRA PRADHAN.
The 12th December, 2025.44 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
Notes on clauses
Clause 1 of the Bill seeks to provide for short title and commencement of the
proposed legislation.
Clause 2 of the Bill seeks to provide for application of the proposed
legislation. The proposed legislation applies to (a) all Institutions of national
importance established by an Act of Parliament, under the administrative purview
of the Ministry of Education in the Government of India; (b) such other Institutions
of national importance, established by an Act of Parliament, as may be notified by
the Central Government in the Official Gazette; (c) Universities in India, established
or incorporated by or under a Central Act or a State Act or any other institution
declared as a deemed to be University by any notification by the Ministry of
Education, Department of Higher Education in the Government of India under the
provisions of section 3 of the University Grants Commission Act, 1956, before this
Act came into force; (d) colleges and such other higher educational institutions
affiliated with the Universities or higher educational institutions falling under the
purview of this Act; (e) institutions regulated under the Architects Act, 1972;
(f) institutions regulated under the All India Council for Technical Education Act,
1987; (g) institutions regulated under the National Council for Teacher Education
Act, 1993; (h) institutions of open and distance learning, online education and digital
education recognised by the University Grants Commission; (i) institutions of
eminence; (j) institutions regulated by such other Professional Councils as may be
notified by the Central Government; and (k) other programmes and institutions as
may be notified by the Central Government.
Clause 3 of the Bill seeks to provide for definition of certain expressions used
in the proposed legislation.
Clause 4 of the Bill seeks to provide aims and purposes of the proposed
legislation i.e., for an effective, enabling and responsive system of regulation to
encourage integrity, excellence and public-spiritedness in higher education.
Clause 5 of the Bill seeks to provide for constitution of Viksit Bharat Shiksha
Adhishthan (the Commission) to exercise the powers conferred upon, and perform
the functions assigned to it.
Clause 6 of the Bill seeks to provide for composition of the Commission. The
Commission shall consist of a Chairperson and other Members not exceeding twelve
in number. Of the twelve members, two shall be eminent and distinguished
academicians not below the rank of professor from the State Higher Educational
Institutions and five shall be eminent experts.
Clause 7 of the Bill seeks to provide for the responsibility of the Chairperson
and Member Secretary of the Commission.
Clause 8 of the Bill seeks to provide for meetings of the Commission and
procedure to be followed at the meetings. The Commission may invite, as special
invitees, the Heads of such other bodies as the Commission deems fit, provided that
when the Commission is deciding upon a matter pertaining to the exclusive domain
of any specific Professional Body, the Commission may invite nominees of the said
Body.
Clause 9 of the Bill seeks to provide for functions of the Commission which
inter alia, include—(a) provide high level strategic direction for comprehensive and
holistic growth of higher education and research in a competitive global
environment; (b) develop a roadmap for transforming higher educational institutions
into large multi-disciplinary education and research institutions; (c) develop a
roadmap for promoting India as an education destination; (d) develop a roadmap
for integration and promotion of Bharatiya knowledge, languages and arts across
the multi-disciplinary higher education system; (e) provide strategic direction forSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45
_____________________________________________________________________________________________________________________________________________________________________________________________________
synergistic functioning of the Councils established under the proposed legislation
and ensure coordination between them; (f) provide financial support for proper
functioning of the Councils; and (g) formulate and suggest such schemes to the
Central Government for improvement of quality of education.
Clause 10 of the Bill seeks to provide for establishment of Viksit Bharat
Shiksha Viniyaman Parishad (Regulatory Council), under the proposed legislation,
which shall function as the common regulator of higher education in India.
Clause 11 of the Bill seeks to provide for the functions of Regulatory Council
which inter alia, include—(a) require that all higher educational institutions attain
full accreditation and thereby autonomy in a graded manner, to transform the current
higher education sector into one comprising autonomous, vibrant and empowered
multidisciplinary higher educational institutions with high-quality education,
research, and service including integrated vocational education, training and skilling
programs; (b) require full online and offline public self-disclosure of all finances,
audits, procedures, infrastructure, faculty, courses, educational outcomes and
accreditation-related information by higher educational institutions on a public
website maintained by the Regulatory Council and on the websites of institutions;
(c) require that all academic, administrative and financial affairs of higher
educational institutions are conducted lawfully and reported truthfully and
transparently on the public website maintained by Regulatory Council and on the
websites of institutions; (d) take swift corrective action in not later than sixty days
in cases of dishonest public self-disclosure or any other academic, administrative or
financial impropriety; (e) require that students have free access to a fair, transparent
and robust grievance redressal mechanism; (f) dispose of complaints or grievances
received against the higher educational institutions from the stakeholders;
(g) require that the minimum standards for setting up and operation of higher
educational institutions as determined by the Standards Council are complied with;
(h)develop a model and roadmap for setting up and operation of higher educational
institutions; (i) specify standards for select foreign universities to operate in India,
with the prior approval of the Central Government; and (j) facilitate high performing
Indian Universities to set up campuses in other countries, with the prior approval of
the Central Government.
Clause 12 of the Bill seeks to provide for establishment of constituent
colleges, off-campuses and multiple campuses.
Clause 13 of the Bill seeks to provide for establishment of the Viksit Bharat
Shiksha Gunvatta Parishad (Accreditation Council) which shall consist of a
President and other Members not exceeding fourteen in number. Of the fourteen
members, two shall be eminent and distinguished academicians, not below the rank
of Professor; two shall be eminent and distinguished academician, not below the
rank of Professor from a State Higher Educational Institutions; one person shall be
representing the Council of Architecture; three shall be eminent and distinguished
academician not below the rank of Professor from the Institutions of national
importance; and two shall be eminent experts.
Clause 14 of the Bill seeks to provide for functions of the Accreditation
Council. The Accreditation Council shall function as an accrediting body to
supervise and oversee independent ecosystem of accreditation. The functions of
Accreditation Council shall inter alia, include—(a) develop an outcome based
Institutional Accreditation Framework in consultation with relevant stakeholders,
which shall be used to assess and accredit higher educational institutions leading to
accreditation with or without open and distance learning, online or digital learning,
or any other form of learning, as the case may be; (b) carry out accreditation using
technology driven systems operated through the public website referred to in
clause (b) of sub-section (2) of section 11; (c) empanel and de-empanel accrediting46 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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institutions, as the case may be, to develop a high-quality and high-integrity
accreditation system with adequate capacity to meet the requirements for
accreditation of higher educational institutions; (d) monitor and review the
performance of accrediting institutions; (e) compile and disseminate all
accreditation related information regarding the accreditation of higher educational
institutions to the public including stakeholders for ensuring the highest degree of
probity is maintained through complete transparency; and (f) recommend to the
Regulatory Council for imposition of penalties referred to in section 33 for
contravention of the matters relating to accreditation of higher educational
institutions.
Clause 15 of the Bill seeks to provide for establishment of the Viksit Bharat
Shiksha Manak Parishad (Standards Council) which shall consist of a President and
other Members not exceeding fourteen in number. Of the fourteen Members, two
shall be eminent and distinguished academicians not below the rank of Professor;
one shall be eminent and distinguished academician not below the rank of Professor,
from a State Higher Educational Institution; one shall be nominee of States and
Union territories, on a rotation basis; one person shall be representing the Council
of Architecture; three shall be eminent and distinguished academician not below the
rank of Professor from the Institutions of national importance; and two shall be
eminent experts.
Clause 16 of the Bill seeks to provide for functions of the Standards Council
which shall inter alia, include—(a) frame expected learning outcomes (also referred
to as ‘graduate attributes’) for higher education programmes which may guide
higher educational institutions; (b) provide guiding principles for learning
outcomes, to ease the integration of vocational education into higher education;
(c) provide the nomenclature of “certificate” and “diploma”, and the levels of
educational qualifications, other than “Doctor of Philosophy”, “degree”, “diploma”
and “certificate”, which may be awarded by any higher educational institution, in
consultation with the Central Government; (d) provide the norms for credit transfers,
equivalence and other related matters to facilitate mobility of students; (e) develop
a suggested broad framework of higher education qualifications for institutions and
programmes and across the open and distance learning, online, and the traditional
‘in-class’ modes, within which institutions and faculty shall have the autonomy to
innovate on matters of curriculum, pedagogy, and assessment; (f) promote quality
of academic instruction and determine minimum academic standards in higher
educational institutions; (g) lay down clear minimum standards for setting up and
operation of higher educational institutions; (h) develop a perspective plan for
determination of academic standards in higher educational institutions; and
(j)perform such other functions as may be prescribed by rules.
Clause 17 of the Bill seeks to provide for empowerment of University or an
Institution specially empowered by an Act of Parliament, to confer or grant degrees,
or a higher educational institution empowered under this proposed legislation.
Clause 18 of the Bill seeks to provide for the Chairperson of the Commission
shall be a person of eminence and reputation to be appointed in honorary capacity
by the President of India on the recommendations of the Central Government.
Clause 19 of the Bill seeks to provide for qualification for appointment as
Presidents and Full-time members of Councils.
Clause 20 of the Bill seeks to provide for appointment of Presidents and
Members of Councils and Member-Secretary of Commission and Councils. The
Presidents and full-time members of the Councils shall be appointed by the
President of India on the recommendations of a Search-cum-Selection Committee.
Clause 21 of the Bill seeks to provide for composition of Search cum selection
Committee. The Committee shall consist of two eminent experts nominated by the
Central Government and the Secretary to the Government of India in the Ministry
or Department dealing with Higher Education as an ex officio Member.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47
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Clause 22 of the Bill seeks to provide for term of office for Chairperson of the
Commission, Presidents of each of the Councils, Members of the Commission and
Councils, and nominees of States and Union territories with respect to Regulatory
Council and Standards Council.
Clause 23 of the Bill seeks to provide for filling of casual vacancies in
Commission or Councils.
Clause 24 of the Bill seeks to provide for removal of Chairperson of
Commission or any other Member of Commission or Presidents of Councils or
Members of Councils.
Clause 25 of the Bill seeks to provide for declaration by Chairperson or any
other Member of Commission or Presidents or Members of Councils after
appointment and every year thereafter to the extent of his interest, whether direct or
indirect and whether pecuniary or otherwise, in any institution of research or higher
education institution or in any other professional or financial activity.
Clause 26 of the Bill seeks to provide restriction on Chairperson or full-time
Members of the Commission or the Presidents or the full-time Members of the
Councils to accept any employment in, or connected with their domain of duty as
Chairperson or Members of the Commission, Presidents or full-time Member of the
Council, as the case may be, for a period of two years from the date on which they
cease to hold office.
Clause 27 of the Bill seeks to provide for Salary, allowance, and other terms
and conditions of service of Presidents and other full-time Members of respective
Councils and Member-Secretary of Commission and Councils.
Clause 28 of the Bill seeks to provide for no act or proceeding of the
Commission shall be invalid merely by the reason of any vacancy or any defect in
the constitution of the Commission or the Councils or any defect in the appointment
of a person action as a Chairperson of the Commission or President of the Council
or any irregularity in the procedure of the Commission or Councils not affecting the
merits of the case.
Clause 29 of the Bill seeks to provide for making and subscribing to an oath
of office and of secrecy by the Chairperson and Members of the Commission, and
the President and Members of the respective Councils before entering upon their
office.
Clause 30 of the Bill seeks to provide for head offices of the Commission and
the Councils.
Clause 31 of the Bill seeks to provide for separate secretariats for the
Commission and each of the Councils for the efficient performance of their
functions.
Clause 32 of the Bill seeks to provide for the Chairperson and Presidents of
the Councils, and Members, officers and employees of the Commission or Councils
shall be deemed to be public servants.
Clause 33 of the Bill seeks to provide for imposition of penalties by the
Regulatory Council for contravention of the provisions of this proposed legislation,
or the rules or the regulations made thereunder.
Clause 34 of the Bill seeks to provide for adjudication of the penalties under
this proposed legislation and for the said purpose the Regulatory Council shall set
up an adjudicatory mechanism, as may be prescribed by the rules.
Clause 35 of the Bill seeks to provide for crediting of all sums realised by way
of penalties under the proposed legislation to the Fund.48 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Clause 36 of the Bill seeks to provide for the Regulatory Council to take steps
to ensure that the imposition of any penalty under the proposed legislation does not
affect the interests of students or because any monetary repercussions for the
students enrolled therein.
Clause 37 of the Bill seeks to provide for appeal against the order or decision
of the Commission or any of the Councils to the Central Government within such
period and in such manner, as may be prescribed by the rules and such decision shall
be binding on the parties.
Clause 38 of the Bill seeks to provide for the grant by the Central Government
may, after due appropriation made by the Parliament by law in this behalf, of such
sums of money to the Commission, as the Government may think fit for being
utilised for the purposes of the proposed legislation and the Commission may make
due appropriation to the Councils.
Clause 39 of the Bill seeks to provide for the Fund of the Commission to be
called as the Viksit Bharat Shiksha Adhishthan Fund and all sums which may, from
time to time, be granted to it by the Central Government and all the receipts of the
Commission and the Councils shall be carried to the Fund and payments by the
Commission and the Councils shall be made therefrom and the Commission may
spend such sums as it thinks fit for performing its functions under the proposed
legislation.
Clause 40 of the Bill seeks to provide for preparation of budget by the
Commission in coordination with the Councils in respect of the next financial year
showing the estimated receipts and expenditure.
Clause 41 of the Bill seeks to provide for maintenance of proper accounts of
the Commission in coordination with the Councils in consultation with the
Comptroller and Auditor-General of India. The accounts of the Commission and the
Councils as certified by the Comptroller and Auditor-General of India or any other
person appointed by him in this behalf, together with the audit report thereon, shall
be forwarded by the Commission annually to the Central Government which shall
cause the same to be laid before each House of Parliament.
Clause 42 of the Bill seeks to provide for furnishing of returns on reports and
statements, containing such particulars in regard to any matter under the jurisdiction
of the Commission or the Councils to the Central Government, as the Central
Government may, from time to time, require. The Commission in coordination with
the Councils shall prepare once in every year, an annual report giving a summary of
activities of the Commission and the Councils during the previous year and forward
the copy of report to the Central Government which shall be laid before each House
of Parliament.
Clause 43 of the Bill seeks to provide for temporary association of persons
with Commission or Councils for particular purposes as may be specified by
regulations made under the proposed legislation, with the approval of Central
Government and such persons shall have a right to take for in the discussion relevant
to that purpose but shall not have a right to vote a meeting of the Commission or the
Councils, as the case may be, and shall not a Member for any other purpose.
Clause 44 of the Bill seeks to provide for all orders, decisions and other
instruments issued by the Commission and Councils shall be authenticated by the
signature of the Member Secretary of the Commission or Council, as the case
may be.
Clause 45 of the Bill seeks to provide for the power of the Central Government
to issue direction to the Commission on questions of policy.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49
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Clause 46 of the Bill seeks to provide for the delegation of powers and
functions by the Commission or the Councils to any Member or Member Secretary,
except the power to make regulations under section 51.
Clause 47 of the Bill seeks to provide for power of the Central Government to
supersede Commission and Councils established under this proposed legislation. If
the Central Government is of the opinion that the Commission or any of the Councils
is unable to discharge the functions and duties imposed on it by or under the
provisions of this proposed legislation, or the Commission or the Councils has
persistently made default in complying with any direction given by the Central
Government under this proposed legislation or in the discharge of the functions and
duties imposed on it by or under the provisions of this proposed legislation, the
Central Government may, with the prior approval of the President of India, by order
published in the Official Gazette, supersede the Commission or the Councils, as the
case may be, for such period, not exceeding six months, as may be specified in
the order.
Clause 48 of the Bill seeks to provide for protection to the office bearer or
officer of the Commission or Council for anything which has been done or intended
to be done in good faith under the proposed legislation.
Clause 49 of the Bill seeks to provide for the provisions of the proposed
legislation shall have effect irrespective of anything inconsistent therewith
contained in any other law for the time being in force.
Clause 50 of the Bill seeks to provide for power of the Central Government to
make rules, subject to the condition of previous publication, not inconsistent with
the provisions of this Act for carrying out the provisions of this proposed legislation.
Clause 51 of the Bill seeks to provide for the power of the Commission or the
respective Councils, subject to the condition of previous publication, to make
regulations consistent with the provisions of this Act and the rules made thereunder
for carrying out the purposes of this proposed legislation.
Clause 52 of the Bill seeks to provide for laying of every rule and regulation
made and every notification issued under the proposed legislation before each
Houses of Parliament.
Clause 53 of the Bill seeks to provide for the power of the Central Government
to remove difficulties by order published in the Official Gazette if any difficulty
arises in giving effect to the provisions of this proposed legislation before the expiry
of a period of three years from the commencement of the proposed legislation.
Clause 54 of the Bill seeks to provide for transitional provisions. Until
appointment of the Chairperson of the Commission, Presidents and full-time
Members of the respective Councils, Member Secretary of the Commission and the
Councils and such other Members takes effect, the Central Government shall, as a
transitory measure, by notification, appoint the first Chairperson of the
Commission, the President and full-time Members of the respective Councils,
Member Secretary of the Commission and the Councils and such other Members,
for a period of two years or till the constitution of the Commission and the Councils
under the provisions of this Act, whichever is earlier. The University Grants
Commission (UGC), the All India Council for Technical Education (AICTE) and
the National Council for Teacher Education (NCTE) established under the
University Grant Commission Act, 1956, the All India Council for Technical
Education Act, 1987 and the National Council for Teacher Education Act, 1993
respectively shall continue to be in force and operate, till the Commission and
Councils are established under this proposed legislation.50 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Clause 55 of the Bill seeks to provide for repeal and savings under the
proposed legislation. The University Grant Commission Act, 1956, the All India
Council for Technical Education Act, 1987 and the National Council for Teacher
Education Act, 1993 shall stand repealed and the University Grant Commission, the
All India Council for Technical Education and the National Council for Teacher
Education established under these Acts shall stand dissolved with effect from such
date as the Central Government may appoint in this behalf. Even after repeal of
these Acts, the educational standards, requirements and other provisions of the
University Grant Commission, the All India Council for Technical Education and
the National Council for Teacher Education and the rules and regulations made
thereunder shall continue to be in force and operate till new standards or
requirements are specified under this Act or the rules and regulations made
thereunder.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51
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FINANCIAL MEMORANDUM
Sub-clause (1) of clause 5 of the Bill provides for constitution of the Viksit
Bharat Shiksha Adhishthan (the Commission) to exercise the powers conferred
upon, and perform the functions assigned to it.
Sub-clause (1) of clause 10 provides for establishment of a Viksit Bharat
Shiksha Viniyaman Parishad (Regulatory Council) which shall function as the
common regulator of higher education in India.
Sub-clause (1) of clause 13 provides for establishment of Viksit Bharat
Shiksha Gunvatta Parishad (Accreditation Council) which shall function as an
accrediting body to supervise and oversee independent ecosystem of accreditation.
Sub-clause (1) of clause 15 provides for establishment of a Viksit Bharat
Shiksha Manak Parishad (Standards Council) which shall take all such steps as it
may think fit for the determination of academic standards in higher educational
institutions for higher education.
Clause 20 provides for appointment of Presidents and Members of Councils,
Members of the Commission and Member Secretaries of Commission and Councils.
Clause 27 provides for salaries and allowances of the Presidents and full-time
Members of the Councils and Member Secretaries of the Commission and the
Councils.
Clause 31 provides for separate secretariats of the Commission and each of
the Councils for the discharge of responsibilities and efficient performance of its
functions under this Act.
Sub-clause (1) of clause 38 provides for grants by the Central Government to
the Commission, after due appropriation made by Parliament by law in this behalf.
Clause 39 provides that the Commission shall have its own Fund to be called
the Viksit Bharat Shiksha Adhishthan Fund. The funds shall be applied for carrying
out provisions of this Act and any functions assigned by the Central Government to
the Commission and Councils thereunder.
Sub-clause (2) of clause 55, inter alia, provides that all property, movable and
immovable, of or belonging to the University Grants Commission, All India Council
for Technical Education and National Council for Teacher Education shall vest in
the Commission or any of the Councils as may be decided by the Central
Government and hence, the budgetary support by the Central Government to the
Commission and its Councils is estimated not to exceed the level of the current
budgetary support given to the University Grants Commission, the All India Council
for Technical Education and the National Council for Teacher Education.
Sub-clause (5) of clause 55, inter alia, provides that every person employed
on a regular basis by the University Grants Commission, All India Council for
Technical Education or National Council for Teacher Education, as the case may
be, immediately before the commencement of this Act shall be deemed to be
employed by the Commission or any of the Councils, as may be decided by the
Commission, by the same tenure, at the same remuneration and upon the same terms
and conditions and with the same rights and privileges as to pension, leave, gratuity,
provident fund and other matters as he would have held the same, if this Act had not
been enacted and shall continue to do so unless and until his employment is
terminated or until such tenure, remuneration and terms and conditions are duly
altered by the rules or regulations.
2.The Fund shall be used for meeting the salaries and allowances payable to
the Presidents of Councils, full-time Members of the Councils, Member Secretaries
of the Commission and Councils and the administrative expenses including the
salaries, allowances payable to the officers and other employees of the Commission,
and the other expenses of the Commission in connection with the discharge of its
functions relating to its establishment and maintenance.52 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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3.It is proposed to keep the funding to the centrally funded higher educational
institutes out of the purview of the Viksit Bharat Shiksha Adhishthan. The National
Education Policy, 2020 also envisions that the function of funding should be
segregated from the Councils performing the functions of academic standard setting,
regulation and accreditation. Thus, to ensure that the Standards Council, Regulatory
Council and the Accreditation Council fully discharge their specific domain
functions, the function of disbursal of grants to the centrally funded higher
educational institutions shall be accordingly ensured through mechanisms devised
by the Ministry of Education. This will also ensure that the funding to the
Institutions of national importance under the administrative purview of the said
Ministry will be continued and thus does not impact the financial autonomy
presently accorded to the Institutions of national importance.
4.As the actual expenditure would depend on the number of meetings of the
Commission and the Councils, recurring and non-recurring expenditure cannot be
anticipated at this stage.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53
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MEMORANDUM REGARDING DELEGATED LEGELATION
Sub-clause (1) of clause 5 of the Bill empowers the Central Government to
appoint and constitute a Commission to be known as the Viksit Bharat Shiksha
Adhishthan, by notification.
Sub-clause (1) of clause 10 of the Bill empowers the Central Government to
appoint and establish a Regulatory Council to be known as the Viksit Bharat Shiksha
Viniyaman Parishad, by notification.
Sub-clause (1) of clause 13 of the Bill empowers the Central Government to
appoint and establish an Accreditation Council to be known as the Viksit Bharat
Shiksha Gunvatta Parishad, by notification.
Sub-clause (1) of clause 15 of the Bill empowers the Central Government to
appoint and establish a Standards Council to be known as the Viksit Bharat Shiksha
Manak Parishad, by notification.
Sub-clause (1) of clause 46 empowers the Commission or the Councils, as the
case may be, by notification, to delegate to any Member or Member Secretary,
subject to such conditions, if any, as may be specified in such notification, such of
its powers and functions under this Act, except the power to make regulations under
section 51, as it may deem necessary.
Sub-clause (1) of clause 47 of the Bill empowers the Central Government to
supersede the Commission or the Councils, as the case may be, for such period, not
exceeding six months, with the prior approval of the President of India, by order
published in the Official Gazette, if at any time the Central Government is of the
opinion that (a) the Commission or any of the Councils is unable to discharge the
functions and duties imposed on it by or under the provisions of this Act; or (b) the
Commission or the Councils, as the case may be, established under this Act has
persistently made default in complying with any direction given by the Central
Government under this Act or in the discharge of the functions and duties imposed
on it by or under the provisions of this Act.
Sub-clause (1) of clause 50 of the Bill empowers the Central Government to
make rules for carrying out the provisions of the proposed legislation. Sub-clause (2)
of the said clause specifies the matters in respect of which such rules may be made.
These matters, inter alia, include––
(a) the other functions of the Commission under clause (l) of section 9;
(b) the other functions of the Regulatory Council under clause (r) of
sub-section (2) of section 11; (c) the manner in which any existing or newly
accredited university shall establish constituent college, off-campuses and
multiple campuses under sub-section (2) of section 12; (d) the other functions of
the Accreditation Council under clause (i) of sub-section (2) of section 14;
(e)the other functions of the Standards Council under clause (k) of sub-section (2)
of section 16; (f) the manner in which other Members of the Commission and the
Councils shall be appointed by the President of India on the recommendations of
the Central Government under sub-section (2) of section 20; (g) the manner in
which Member Secretary of the Commission and Councils shall be appointed by
the Central Government under sub-section (3) of section 20; (h) the term of the
Search-cum-Selection Committee and the manner of selection of panel of names
under sub-section (2) of section 21; (i) the manner and period of inquiry for
removal of Chairperson, President and full-time Members of the respective
Councils under sub-section (1) of section 24; (j) the manner in which other
Members of the Commission or the Councils, as the case may be, may be removed
by the Central Government under sub-section (4) of section 24; (k) the manner in
which declaration shall be made by the Chairperson or any other Member of the
Commission or the President or the Members of the respective Councils
under sub-section (1) of section 25; (l) the salary and allowances payable
to, and the other terms and conditions of service of the Presidents and full-time54 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Members of the respective Councils and Member Secretary of the
Commission and the Councils, under sub-section (1) of section 27; (m) the
form, manner, and authority before which the Chairperson and Members of
the Commission and Presidents of the Councils and its Members shall before
entering upon their office, make and subscribe to an oath of office and of
secrecy under section 29; (n) the Secretariats for the Commission and
Councils under section 31; (o) the manner for closure of such higher
educational institution established without the approval of the Central
Government or appropriate State Government under sub-section (2) of section
33; (p) the manner of setting up of adjudicatory mechanism by the Regulatory
Council under section 34; (q) the period and manner for preferring an appeal
against the order of the Commission or any of the Councils before the Central
Government under section 37; (r) the form and period at which the budget is
to be prepared by the Commission under section 40; (s) the form and manner
in which the Commission shall maintain accounts and other relevant records
and prepare an annual statement of accounts under sub-section (1) of section
41; (t) the form, manner and period within which the Commission shall furnish
to the Central Government reports and statements under sub-section (1) of
section 42; (u) the form and period at which the Commission in coordination
with the Councils shall prepare, once in every year, an annual report under
sub-section (2) of section 42; and (v) any other matter to be provided by rules
for carrying out the provisions of this Act.
Sub-clause (1) of clause 51 of the Bill empowers the Commission and the
Councils to make regulations for carrying out the provisions of the proposed
legislation. Sub-clause (2) of the said clause specifies the matters in respect of which
such rules may be made. These matters, inter alia, include––
(a)the procedure in regard to transaction of business at meetings of the
Commission including quorum at such meetings under sub-section (1) of
section 8; (b) the manner to invite such experts as may be determined by the
Regulatory Council as ‘special invitees’ for their meetings under sub-section
(5) of section 10; (c) the functions of the Regulatory Council under clauses
referred to in sub-section (2), other than clauses (d), (e), (j), (o), (p), (q) and
(r), under sub-section (3) of section 11; (d) the manner of authorisation for
accredited higher educational institutions, other than a University, to grant
degrees under sub-section (4) of section 11; (e) the procedure in regard to
transaction of business at meetings of the Regulatory Council (including
quorum at such meetings) under sub-section (6) of section 11; (f) the manner
to invite such experts as may be determined by the Accreditation Council as
‘special invitees’ for their meetings under sub-section (5) of section 13; (g) the
functions of the Accreditation Council under clauses referred to in sub-section
(2), other than clauses (f), (g), (h) and (i), under sub-section (3) of section 14;
(h)specifying the Institutional Accreditation Framework under sub-section (4)
of section 14; (i) the procedure in regard to transaction of business at meetings
of the Accreditation Council (including quorum at such meetings) under sub-
section (6) of section 14; (j) the manner to invite such experts as may be
determined by the Standards Council as special invitees for their meetings
under sub-section (5) of section 15; (k) the functions of the Standards Council
under clauses referred to in sub-section (2), other than clauses (b), (c), (h), (i),
(k) and (l) under sub-section (3) of section 16; (l) the procedure in regard to
transaction of business at meetings of the Standards Council (including
quorum at such meetings) under sub-section (4) of section 16; (m) the manner
and purposes for which the Commission and Councils may associate with such
persons for assistance or advice under sub-section (1) of section 43; and (n)
the manner for protecting the institutional autonomy and independence
accorded to the Institutions of national importance and the institutions of
eminence under section 49.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55
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Sub-clause (2) of clause 54 empowers the Central Government, by an order
published in the Official Gazette notification, to appoint the first Chairperson of the
Commission, the President and full-time Members of the respective Councils,
Member Secretary of the Commission and the Councils and such other Members,
for a period of two years or till the constitution of the Commission and the Councils
under the provisions of this Act, whichever is earlier, as a transitory measure, until
the appointment of the Chairperson of the Commission, the Presidents and full-time
Members of the respective Councils, Member Secretary of the Commission and the
Councils and such other Members takes effect.
2. The matters in respect of which rules or regulations may be made or
notifications or orders may be issued in accordance with the provisions of this Bill
are matters of procedure or administrative detail and it is not practicable to provide
for them in the Bill itself.
3.The delegation of legislative power is, therefore, of a normal character.56 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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BILL NO. 196 OF 2025
A Bill 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;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57
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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 of 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
Short title and 1. (1) This Act may be called the Sustainable Harnessing and Advancement
commencement. 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.58 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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2.In this Act, unless the context otherwise requires,— Definitions.
(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
36 of 2003. 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
18 of 2013. 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
29 of 1986. 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;
(c)uranium -235;
(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
18 of 2013. 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;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59
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(18) “licensee” means a person to whom a licence has been granted
under this Act;
(19) “minerals” include all substances obtained or obtainable from the
earth surface or sub-surface of the earth crust, either soil or rock, and the
like; and any reference in this Act to the working of minerals shall be
construed as including a reference to the mining, getting, carrying away,
transporting, sorting, extracting or otherwise treating of minerals;
(20)“notification” means notification published in the Official Gazette
and the term “notify” or “notified” shall be construed accordingly;
(21) “nuclear damage” means any injury, loss or damage caused by a
nuclear incident,––
(a)occurring in a nuclear installation; or
(b) involving a nuclear material originating in, transported from
or to, a nuclear installation,
whether arising from the radioactive properties of such material, or from a
combination of radioactive properties with toxic, explosive or other
hazardous properties of such other material, resulting in—
(i) loss of life or personal injury including immediate and
long-term health impact to an individual;
(ii)loss of, or damage to, property; or
(iii) any other loss or damage as may be notified by the Central
Government, including—
(A)any economic loss;
(B) costs of measures taken for the restoration of an
impaired environment;
(C)any loss of income arising from an economic interest in
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;60 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(24) “nuclear incident” means any occurrence or a series of
occurrences having the same origin that results in nuclear damage or, despite
all reasonable measures taken to prevent or mitigate the damage, presents a
grave and imminent risk of causing such damage;
(25)“nuclear installation” means such nuclear facility where—
(a) nuclear fission can occur in a reactor including one driven by
external neutrons other than a reactor comprised in any means of
transport;
(b) nuclear fuel is used for the production or processing of
nuclear material, including reprocessing of irradiated nuclear fuel; or
(c) nuclear material is stored (other than storage incidental to the
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;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61
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(33)“prescribed substance” means any source material, fissile material
and such other material which the Central Government may, by notification,
specify, being a substance which in its opinion is or may be used for the
production or use of nuclear energy or ionising radiation or matters
connected therewith or incidental thereto;
(34) “radiation” means ionising radiation such as gamma rays, X-rays,
and rays consisting of alpha particles, beta particles, neutrons, protons,
positron and other nuclear and sub-atomic particles; but not sound or radio
waves or microwaves, or visible, infra-red or ultra-violet light;
(35) “radiation facility” means any location or facility, including a
mobile facility, involving the use of generating equipment or plant or
radioactive material for non-power applications such as in the field of
medicine, industry, food, water, environment, research and agriculture;
(36) “radioactive substance” or “radioactive material” means any
substance or material which spontaneously emits radiation in excess of the
levels notified by the Board;
(37) “radioactive waste” means any waste material, other than spent
fuel, which has no further foreseen use, as determined by the Central
Government, containing radionuclides in quantities and concentrations
exceeding the level notified by the Board;
(38) “reactor” means any engineered facility containing nuclear fuel in
such an arrangement that nuclear energy can be produced, extracted or
harnessed;
(39)“regulations” means regulations made by the Board under this Act;
(40) “regulatory document” includes safety codes, safety standards,
safety guides, safety manuals and such other documents issued by the Board;
(41) “safeguards” means a set of measures necessary to ensure that
source material and fissile material are controlled and accounted for, as per
the provisions of this Act;
(42) “safety” or “nuclear safety” or “radiation safety”, means the
achievement of proper operating conditions, prevention of accidents or
mitigation of accident consequences, resulting in protection of workers,
public and environment from harmful effects of radiation risks;
(43) “safety authorisation” means a written permission granted by the
Board under this Act;
(44)“source material” means––
(a)uranium containing mixture of isotopes occurring in nature;
(b)uranium depleted in the isotope 235;
(c)thorium;
(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.62 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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CHAPTER II
GRANT OF LICENCE AND SAFETY AUTHORISATION
3. (1) Subject to the provisions of this Act, the following persons shall be Licence and
safety
eligible to apply to the Central Government for a licence for the purposes of
authorisation for
setting up any of the facilities or undertaking the activities specified in
production or
sub-section (2), namely:— use of nuclear
energy.
(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;
(c)any other 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;
(c) the transportation or storage of nuclear fuel or spent fuel or any
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;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63
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(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;
(c) the heavy water used in a nuclear facility shall remain under the
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;
(c) the production of heavy water and its upgradation by isotopic
separation;
(d) any other facilities or activities as may be notified by the Central
Government.
4.(1) Any person who seeks to,—
Regulation of
radioactive (a) manufacture, possess, use, export, import, transport, dispose or
substance and
transfer by sale or otherwise, any radioactive substance and radiation
radiation
generating generating equipment; or
equipment.
(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.64 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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5. (1) The Central Government may undertake any exploration activities for Mining and
the purpose of discovering the presence of,— processing of
certain source
(a) any mineral in or on the land including seabed, either in a natural material.
state or in a deposit; or
(b) any mineral in waste material obtained from any underground or
surface working; or
(c) any other material from which in its opinion prescribed substance
can be obtained:
Provided that any person who discovers or has reason to believe that
uranium or thorium is available at any place in India shall inform the Central
Government forthwith.
(2) Notwithstanding anything contained in any other law for the time being
in force, the working of mines and minerals in onshore or offshore areas
containing uranium and thorium and decommissioning of such mines shall be
carried out only by the Government, a Government company, or a corporation
owned or controlled by the Government, and only under a licence and a safety
authorisation:
Provided that such mineral shall be of the grade that is equal to or above the
threshold value as may be notified by the Central Government:
Provided further that where the grade of such mineral is below the threshold,
it shall be handled and disposed of in accordance with such order as may be issued
by the Central Government in respect of conservation of minerals and by the
Board in respect of radiological safety.
(3)Where the Central Government is of the opinion that uranium, thorium or
any other prescribed substance may reasonably be isolated or extracted from the
working of any mine or mineral or from treating or concentrating any material by
any physical, chemical or metallurgical process, it may by order,––
(a)require such activities to be carried out under a licence and a safety
authorisation;
(b)impose such terms and conditions as may be deemed necessary, for
carrying out the activities; or
(c)prohibit carrying out of such activities.
(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
29 of 1986. accordance with the provisions of the Environment (Protection) Act, 1986.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65
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(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.
Application for 6. (1) An application for licence shall be made in such form and manner,
licence and accompanied by such documents, information and fee, as may be prescribed.
safety
authorisation. (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.
Conditions for 7. (1) Upon an application made under sub-section (1) of section 6, the
grant of licence Central Government may grant a licence in such manner and subject to such terms
or safety
and conditions as may be prescribed, including compliance with the financial,
authorisation.
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.66 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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8. (1) The Central Government or Board may, by order, and after giving an Suspension or
opportunity of hearing to the person granted licence or safety authorisation under cancellation,
etc., of licence
this Act, modify, suspend, cancel or curtail the duration of the licence or the safety
or safety
authorisation for mines, facilities or activities, at any time, if in its opinion, the authorisation.
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
(c) any condition imposed or direction issued by the Central
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;
(c) there exists any conduct, omission or circumstance, whether by act
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;
(c)transition plans for continuity of the licensed business.
9. (1) A person may carry out research, development, design and innovation Exemption of
in matters related to nuclear energy and radiation for the peaceful use except for research,
development and
the activities exclusively reserved for Central Government under sub-section (5) of
innovation
section 3 or has national security implications.
activities from
licence.
(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.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67
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(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
Duties of 10.(1) Any person who has been granted licence or safety authorisation shall––
persons granted
(a) not undertake any activity other than the purpose for which licence
licence or safety
authorisation or safety authorisation is granted;
and other
persons. (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;
(c)furnish such periodic returns and reports to the Central Government
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.
Liability of 11. (1) Notwithstanding anything contained in this Act, the operator of the
operator of nuclear installation shall be liable for nuclear damage caused by a nuclear incident––
nuclear
installation. (a)in that nuclear installation; or
(b)involving nuclear material transported from that nuclear installation
and occurring before––68 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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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;
(c) involving nuclear material transported to that nuclear installation
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;
(c) where any written agreement has been entered into between the
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.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69
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Operator not 12.(1) An operator shall be liable for any nuclear damage except the damage
liable in certain
caused by a nuclear incident due to—
circumstances.
(a)a grave natural disaster of an exceptional character; or
(b)an act of armed conflict, hostility, civil war, insurrection or terrorism:
Provided that an operator shall not be liable for any nuclear damage caused to,—
(a) the nuclear installation itself and any other nuclear installation
including a nuclear installation under construction, on the site where such
installation is located;
(b) any property on the same site which is used or to be used in
connection with any such installation; or
(c) 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
Limits of
liability for shall be the rupee equivalent of three hundred million Special Drawing Rights or
nuclear incident.
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.
Liability of 14.(1) The Central Government shall be liable for nuclear damage in respect
Central of a nuclear incident—
Government.
(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
(c)occurring on account of causes specified in sub-section (1) of section 12:
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.70 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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15. (1) The operator shall, before operation of nuclear installation, obtain an Operator to
insurance policy or such other financial security or combination of both, covering maintain
insurance or
the liability specified in the Second Schedule and in such manner as may be
financial
prescribed. securities.
(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 Operator’s right
for nuclear damage as specified in the Second Schedule, shall have a right of of recourse.
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 Constitution of
Atomic Energy
33 of 1962. power under section 27 of the Atomic Energy Act, 1962 shall be deemed to have
Regulatory
been constituted under this Act.
Board.
(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 Terms and
period of three years from the date on which they enter upon office which may be conditions of
service of
extended for a further period not exceeding three years at a time, as may be
Chairperson and
notified by the Central Government. Members of
Board.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71
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(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
Resignation and
removal of office by giving a prior notice in writing under his hand addressed to the Central
Chairperson or Government, of not less than three months.
Member of
Board. (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;
(c) has become physically or mentally incapable of acting as
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.
Filling up 20. The Central Government shall, from the date of occurrence of any
vacancies of
vacancy by reason of death, resignation or removal of the Chairperson or the
Board.
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.
Meetings of 21. The Board shall meet at such times and places and shall observe such
Board. rules of procedure in regard to the transaction of business at its meetings,
including quorum, as may be specified by regulations.
Vacancies, etc., 22.No act or proceeding of the Board shall be invalid merely by reason of––
not to invalidate
proceedings of (a)any vacancy in, or any defect in the constitution of the Board;
Board.
(b)any defect in the appointment of a person acting as a Member of the
Board; or
(c) any irregularity in the procedure of the Board not affecting the
merits of the case.72 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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23. (1) The Board shall determine the number, nature and categories of Officers and
officers and other employees as it considers necessary, for the efficient discharge employees of
Board.
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
45 of 2023. section 2 of the Bharatiya Nyaya Sanhita, 2023.
24. (1) The Board may take such measures as it may consider necessary, for Powers and
the purposes of ensuring that the use of radiation and nuclear energy is safe for the functions of
Board.
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;
(c) frame safety standards and safety codes and such other regulatory
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;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73
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(v) safe working conditions for occupational workers including
pre-employment and periodical medical examination;
(vi)any other matter as the Board may consider necessary;
(d) make recommendations to the Central Government for suspension,
modification, cancellation or curtailment of the duration of the licence;
(e)frame regulations for,—
(i) the grant of safety authorisation during various stages of the
life time of nuclear and radiation facilities and associated activities
including type approval to design of radiation equipment, authorisation
for storage, transfer and disposal of radioactive wastes, approval of
package and shipment of radioactive consignments;
(ii)the recognition and certification of persons for performing the
tasks or carrying out the functions entrusted to them, in or in relation
to, a facility,
and establish suitable mechanism for its implementation;
(f) specify the criteria for reporting of nuclear incidents, and within a
period of fifteen days from the date of occurrence of such nuclear incidents,
provide its recommendations to the Central Government for notifying such
incidents under section 26;
(g) ensure high quality safety management at all places where nuclear
and radiation related activities are carried out;
(h) ensure transparency by a planned public outreach and engagement
with interested parties on matters relating to nuclear safety without
disclosing restricted information under section 39;
(i) strive to be a knowledge organisation with state-of-the-art scientific
capabilities in the domain of its responsibilities;
(j)arrange for or conduct research in areas relevant to its functions and
develop linkages with technical support organisations;
(k) interact with international organisations engaged in activities
relevant to the functions of the Board with due governmental approvals;
(l)recognise agencies, institutes, and testing and calibration laboratories;
(m)advise the Central Government with respect to—
(i)safety of public and the environment;
(ii)any radiological surveillance of environment;
(iii) preparedness in response to nuclear and radiation
emergencies;
(n) exempt from the requirement of safety authoritsation, by notification,
subject to such conditions specified therein, any radioactive material, any class
or classes of radioactive material or any radiation generating plant;
(o) engage with the institutions, laboratories, agencies, technical
support organisations, industries, specialists, individual experts and
professionals of integrity and outstanding ability, who have expertise in
scientific, technical, sociological, legal, public communication, and such
other disciplines related to nuclear, radiation and industrial safety;
(p) coordinate with any other regulator or authority and enter into
Memorandum of Understanding with such regulator or authority for the
effective discharge of its functions;74 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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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 Regulation of
sub-section (5) of section 3, for the purposes of national defence and security, may carry activities of
strategic nature.
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 Notification of
sub-section (3) of section 24, the Central Government shall, within a period of ten nuclear incident.
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 Delegation and
Member or its officer or officer of the State Government not below the rank of a review by
Board.
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, Entry and
including their officers and employees at sites, may enter and inspect at all
inspection.
reasonable hours,—
(a)any facility or mine licensed under this Act;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75
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(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.
Conduct of 29.(1) The Central Government or the Board, upon—
investigation.
(a)a complaint by any person;
(b)occurrence of a nuclear or radiological event;
(c) review of returns or reports received under clause (c) of
sub-section (3) of section 10; or
(d)findings of inspection conducted under section 28,
may carry out an investigation where it has reasonable grounds to believe that—
(i) there has been violation of the terms of a licence or safety
authorisation or any provision of this Act, the rules, regulations or directions
issued thereunder; or
(ii)the activities are being conducted in a manner detrimental to safety,
security or the implementation of safeguards.
(2) The manner of conduct of investigation under sub-section (1), shall be
such as may be prescribed.
(3) The Central Government or the Board may cause the expenses of an
inspection and investigation under this section to be borne by the licensee or the
holder of a safety authorisation or other persons, as the case may be.
Search and 30. (1) Where the Central Government or the Board has reasonable grounds
seizure. 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
(c) any provision of this Act has been, or is likely to be, violated by a
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.76 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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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 Action taken
Chapter and after giving an opportunity to the holder of a safety authorisation or pursuant to
investigation,
such other person to make a representation, the Board may take such measures as
search or
may be considered necessary to enforce compliance with safety requirements and seizure.
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;
(c)issuing such directions to licensees, holders of safety authorisations
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;
(c) temporarily suspend or discontinue the business or activities of the
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.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77
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CHAPTER VI
GENERAL POWERS AND FUNCTIONS OF CENTRAL GOVERNMENT
General powers 32.(1) The Central Government shall have powers to frame––
and functions of
(a) the National Nuclear Energy Policy consistent with the National
Central
Government. Electricity Policy prepared under section 3 of the Electricity Act, 2003; 36 of 2003.
(b)the National Policy for Safety, Security and Safeguards;
(c)the National Policy for Management of Spent Fuel and Radioactive Waste;
(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;
(c)coordinating and supporting Government agencies to ensure nuclear
and radiological emergency preparedness and response.
Vesting of 33. (1) Notwithstanding anything contained in any other law for the time
acquisition being in force, the acquisition rights shall vest exclusively with the Central
rights in certain
Government in respect of the following, namely:—
cases.
(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;
(c)any radioactive substance;
(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.78 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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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;
(c)spent fuel management;
(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, Requisitioning
which in its opinion, contains uranium, thorium, plutonium or any of their isotopes of certain
substances.
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 Novation of
contracts.
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
(c)research into matters connected to clause (a) or clause (b),
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.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79
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(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
Determination of
compensation any right for working of mines or minerals or acquisition or requisition of any mineral,
for acquisition, concentrates, other material, equipment or plant or mine or the prohibitions or conditions
requisition,
imposed or works related to discovery of minerals, the Central Government shall, while
prohibition, etc.
determining the amount of such compensation, have regard to,—
(a) in the case of compensation payable for the purpose of discovering
uranium or thorium under clause (d) of sub-section (5) of section 3,—
(i)the nature of the work done;
(ii)the manner, extent and duration of such discovery;
(iii) the diminution in the rent of the land and of the property
situated at the site of such discovery, which might reasonably be
expected over any period; or
(iv)the diminution in the market value of the land and property on
the date of such discovery;
(b)in the case of compensation payable for the compulsory acquisition
or requisition of any plant, mine, substance or equipment under section 33 or
section 34, the price which the owner might reasonably have been expected to
obtain on a sale of the property effected by him immediately before the date
of the acquisition or the requisition;
(c)where the amount of compensation is fixed by an agreement, it shall
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.
Special 37. (1) Notwithstanding anything contained in the Electricity Act, 2003, the 36 of 2003.
provision as to Central Government shall fix the tariff for supply of electricity from nuclear power
electricity.
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.
Special 38.(1) The Central Government may grant patents for inventions which in its
provisions as to opinion are for the peaceful uses of nuclear energy and radiation:
inventions.
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. 39 of 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.80 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(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
39 of 1970. 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
39 of 1970. 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 Restricted
not in public domain and which in its opinion is detrimental to national security or public information.
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.
22 of 2005. (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.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81
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Prohibited areas. 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.
Power to obtain 41.The Central Government may, by notice in writing, require any person to
information submit to it such periodical and other returns, or statements at such times and
regarding
containing such particulars and accompanied by such plans, drawings and other
materials,
facilities or documents as may be specified in the notice relating to––
processes.
(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;
(c)any contract entered into or any licence granted by or to such person
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.
Administration 42. Notwithstanding anything contained in the Occupational Safety, Health
of Occupational
and Working Conditions Code, 2020, the authority to administer the said Act, 37 of 2020.
Safety, Health
including the appointment of inspecting staff and the making of rules thereunder
and Working
Conditions shall vest in the Central Government in relation to any factory belonging to it or a
Code, 2020. 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 37 of 2020.
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
Delegation of
powers. 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.82 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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44. Notwithstanding anything contained in this Act, the Central Power of
exemption.
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 Power to issue
of this Act, may issue such directions as it deems necessary to any licensee or any directions.
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 Emergency
Constitution, the Central Government shall–– powers.
(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 Establishment of
Atomic Energy
notification, appoint, there shall be established a Council to be known as the Atomic
Redressal
Energy Redressal Advisory Council.
Advisory
Council.
(2) The Council shall consist of the following Members, ex officio,
namely:—
(a)the Chairperson of the Atomic Energy Commission—Chairperson;
(b)Director, Bhabha Atomic Research Centre—Member;
(c)Chairperson, Atomic Energy Regulatory Board—Member; and
(d)Chairperson of Central Electricity Authority—Member.
(3) The Council may invite technical experts, not exceeding three, to the
meetings of the Council for their expert advice subject to such terms and conditions
as may be prescribed.
(4) The Council shall meet at such times and places and shall observe such
rules of procedure in regard to the transaction of business at its meetings, including
quorum as may be prescribed.
48.(1) Any licensee or holder of safety authorisation or any person aggrieved Redressal of
by an order or decision of the Central Government or the Board under this Act disputes by
Council.
including fixation of tariff under section 37 may submit an application for review to
the Council.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83
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(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;
(c) any other matter requiring redressal other than matters related to
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.
Appellate 49.(1) The Appellate Tribunal for Electricity established under section 110 of
Tribunal. the Electricity Act, 2003, shall be the Appellate Tribunal for the purposes of this
36 of 2003.
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.
Technical 50.(1) For the purposes of this Act, the Appellate Tribunal for Electricity, in
Members of addition to its existing composition shall consist of such number of Technical
Appellate
Members not exceeding two, to be known as Technical Member (Atomic Energy)
Tribunal.
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
Appeals.
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.84 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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52.Any person aggrieved by any order of the Appellate Tribunal, may file an Appeals to
Supreme Court.
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 Territorial
nuclear damage has occurred— jurisdiction for
claims for
(a)within the territory of India; nuclear damage.
(b) in or over the maritime areas beyond the territorial waters of
India––
(i) on a ship registered in India under the Merchant Shipping
44 of 1958. 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
16 of 2024. 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
(c)in or over the exclusive economic zone of India or on the continental
shelf of India within the meaning of section 7 of the Territorial Waters,
Continental Shelf, Exclusive Economic Zone and Other Maritime Zones
80 of 1976. 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 Claims
compensation in accordance with the provisions of this Act. Commissioner.
(2) For the purposes of adjudicating upon claims for compensation in
respect of nuclear damage, the Central Government shall, within such period
not exceeding thirty days from the date of notification of nuclear incident
under section 26, designate by notification, one or more officers not below the
rank of Joint Secretary to the Government of India, as Claims Commissioner
for such area and subject to such terms and conditions, as may be specified in
that notification.
55. Upon the notification of nuclear incident under sub-section (1) of Inviting
section 26, the Claims Commissioner designated for the area shall cause wide application for
claims.
publicity to be given in such manner as may be deemed fit, for inviting applications
for claiming compensation for nuclear damage.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85
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Establishment of 56. Where the Central Government, having regard to the extent and severity
Nuclear Damage
of the nuclear damage is of the opinion that it is expedient in public interest that
Claims
claims for such damage be adjudicated by a Claims Commission instead of by
Commission.
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.
Composition of 57.(1) The Claims Commission shall consist of a Chairperson and such other
Claims
Members, not exceeding six, as the Central Government may, by notification,
Commission.
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.
Powers of 58. The Chairperson shall have the power of superintendence and general
Chairperson of administration of the Claims Commission and exercise such other powers as may
Claims
be prescribed.
Commission.
Terms and 59. (1) The Chairperson or a Member of the Claims Commission shall hold
conditions of office as such for a term of three years from the date on which he enters upon his
service of
office and shall be eligible for re-appointment for another term of three years:
Chairperson and
Members of
Provided that no person shall hold office as Chairperson or Member after he
Claims
Commission. 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.86 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(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 Resignation and
relinquish their office by giving a prior notice in writing to the Central Government, removal of
Chairperson or
of not less than three months:
Member of
Claims
Provided that the Chairperson or the Member shall, unless permitted by the
Commission.
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;
(c)has become physically or mentally incapable of acting as a Member;
(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 Filling up
by reason of death, resignation or removal of the Chairperson or any Member of the vacancies of
Claims
Claims Commission, appoint another person in accordance with the provisions of
Commission.
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 Officers and
other employees
such officers and other employees as it may deem fit.
of Claims
Commission.
(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
application for compensation for nuclear damage shall be made to the Claims compensation
and transfer of
Commission and every application for compensation pending before any Claims
pending cases to
Commissioner immediately before the date of establishment of the Claims Claims
Commission under section 56 shall stand transferred on that date to the Claims Commission.
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
(c)take all reasonable steps to ensure that the transfer of claims does not
result in delay or prejudice to any party.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87
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(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.
Application for 64.(1) An application for compensation before the Claims Commissioner or
compensation in the Claims Commission in respect of a nuclear damage may be made by—
respect of
nuclear damage. (a)a person who has sustained injury;
(b)a person owning the property to which damage has been caused;
(c)the legal representatives of the deceased; or
(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.
Adjudication 65. (1) For the purposes of adjudication of claims for nuclear damage under
procedure for this Act, the Claims Commissioner and the Claims Commission shall follow such
claims.
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, 5 of 1908.
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;
(c)receiving evidence on affidavits;
(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.88 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(4)The Claims Commissioner and the Claims Commission shall not be bound
5 of 1908. 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
46 of 2023. 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
45 of 2023. Bharatiya Nyaya Sanhita, 2023.
66.(1) On receipt of an application for compensation under this Chapter, the Award of
Claims Commissioner or the Claims Commission shall, after giving notice of such compensation.
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
5 of 1908. 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 Extinction of
such claim is not made within a period of–– right to claim.
(a)ten years, in the case of damage to property;
(b)twenty years, in the case of personal injury to any individual,
from the date of notification of nuclear incident under sub-section (1) of section 26:
Provided that where a nuclear damage is caused by a nuclear incident
involving nuclear material which, prior to such nuclear incident, had been stolen,
lost, jettisoned or abandoned, the said period of ten years shall not strictly apply
from the date of such nuclear incident, but, in no case, it shall exceed a period of
twenty years from the date of such theft, loss, jettison or abandonment.
68. (1) When an award is made by the Claims Commissioner or the Claims Enforcement of
Commission under this Act,–– awards.
(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; andSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89
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(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
Dissolution of
Claims the Claims Commission was established has served its purpose, or where the number
Commission in of cases pending before such Claims Commission is so less that it would not justify
certain
the cost of its continued function, or where it considers necessary or expedient
circumstances.
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;
(c) all assets and liabilities of the Claims Commission shall vest in the
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
Penalties.
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
(c)any order issued under,—
(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; or90 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(d)any directions issued under,—
(i)sub-section (3) of section 8; or
(ii)sub-section (4) of section 24; or
(iii)clause (c) or clause (d) of sub-section (2) of section 31; or
(e) any conditions imposed under clause (b) or prohibitions specified
under clause (c), of sub-section (3) of section 5; or
(f)any notice issued under section 41,
then if such breach or violation is not likely to pose a grave threat or risk to public
or environment, the adjudicating officer designated under sub-section (2), after
giving such person a reasonable opportunity of being heard, may impose such
penalties for any of the categories of the aforesaid breach and violations specified
in the First Schedule.
(2) The Central Government or the Board may designate any of its officers,
not below the rank of Joint Secretary, as an adjudicating officer for the purposes of
adjudication under sub-section (1).
(3) While determining the penalty under sub-section (1), the adjudicating
officer shall have due regard to the following factors, namely:—
(a)the nature, gravity and duration of the breach or violation;
(b) the consequences of the breach or violation on nuclear or
radiation safety;
(c)repetitive nature of the breach or violation;
(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 Punishment for
under section 70, whoever–– offences.
(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;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91
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(c)violates safeguards or security requirements under this Act;
(d)fails to comply with the provisions of section 15;
(e)fails to deposit the amount under section 68; or
(f) fails to pay the penalty imposed by the adjudicating officer under
section 70,
shall be deemed to be an offence under this Act and be punishable with
imprisonment for a term which may extend to five years or with fine or with both.
(2) Whoever obstructs any authority or officer in the exercise of their powers
under this Act shall or knowingly makes any false, declaration or statement in any
return or reports submitted to the Central Government or the Board be punishable with
imprisonment for a term which may extend to three years or with fine or with both.
(3) Whoever abets or attempts or conspires to commit any offence specified
in sub-section (1) or sub-section (2), shall be liable to the same punishment as they
apply to such offences.
(4) Whoever takes part in or commits or abets or incites the unauthorised
removal or use of source material or fissile material or radioactive material or
discloses any restricted information shall be punishable for a term which may extend
to ten years of rigorous imprisonment or with fine or with both.
(5) Where an offence under this section relates to a factory, mine or any
facility, then the occupier, owner or the employer of such factory, mine or facility,
at the time the offence was committed, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such occupier,
owner or employer liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
Offences by 72. (1) Where an offence under this Act has been committed by a company,
companies. 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.
Offences by 73.Where an offence under this Act has been committed by any Department
Government of the Government, the Head of the Department shall be deemed to be guilty of the
Departments.
offence and shall be liable to be proceeded against and punished accordingly:92 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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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 Cognizance of
46 of 2023. Nagrik Suraksha Sanhita, 2023, but no action shall be taken in respect of any person offences.
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
Power to
Sanhita, 2023, upon a complaint made under section 74, a police officer not below investigate
the rank of Inspector of Police shall investigate offences under this Act. offences.
76.(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha
Power to
46 of 2023. Sanhita, 2023 and save as provided in this section, any offence punishable under Compound
this Act may either before or after the institution of any proceeding, be compounded offences.
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;
(c)the state of mind of the defendant;
(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
Grants by
Parliament by law in this behalf, make to the Board grants of such sums of money Central
to enable the Board to carry out its functions under this Act. Government to
Board.
(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
Accounts and
and prepare an annual statement of accounts in such form as may be prescribed. audit of Board.
(2) The accounts of the Board shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any
expenditure incurred by him in connection with such audit shall be
reimbursed to him by the Board.
(3) The Comptroller and Auditor-General of India and any other person
appointed by the Comptroller and Auditor-General in connection with the audit ofSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93
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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.
Furnishing of 79. (1) The Board shall furnish to the Central Government, at such time and
returns and
in such form and the manner as may be prescribed, such returns and statements
reports by
Board. 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
Furnishing of
time in each financial year, as may be prescribed, an annual report giving full
annual report by
Claims account of its activities during that financial year and submit a copy
Commission. thereof to the Central Government which shall cause the same to be laid
before each House of Parliament.
Bar on 81. No civil court shall have jurisdiction to entertain any suit or proceedings
jurisdiction of in respect of any matter which the Central Government, the Board, the
civil court.
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.
Protection of 82 No suit, prosecution or other legal proceeding shall lie against the Central
action taken in
Government or the Board or the Council, or any of their employees and officers or
good faith.
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.
Power to amend 83.(1) If the Central Government is satisfied that it is necessary or
First and Second
expedient so to do, it may review the amount of––
Schedules.
(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.
rules. 84.(1) The Central Government may, by notification, make rules for
Power to make carrying out the provisions of this Act.94 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely:—
(a)the measures to be taken for security of radioactive substance under
sub-section (4) of section 4;
(b) the form and manner of application for licence and the documents,
information and fee, under sub-section (1) of section 6;
(c) the manner and terms and conditions for the grant of licence under
sub-section (1) of section 7;
(d) the manner of taking control of the facility or mine and for
compliance with other obligations under sub-section (4) of section 8;
(e) the terms and conditions of safety, security and safeguards under
sub-section (2), and the manner of maintaining sufficient financial security
under clause (e) of sub-section (3), of section 10;
(f) the manner of establishing Nuclear Liability Fund under
sub-section (2) of section 14;
(g) the manner of obtaining an insurance policy or such other financial
security under sub-section (1) of section 15;
(h) the qualifications and experience of Chairperson and Members of
Board under sub-section (3) of section 17;
(i)the procedure to be followed by the search-cum-selection committee
for recommending names of Chairperson and Members of Board under
sub-section (5) of section 17;
(j)the salaries, allowances, incentives, entitlements and other conditions of
service of officers and employees of Board under sub-section (2) of section 23;
(k) the other powers to be exercised and functions to be performed by
Board under clause (r) of sub-section (3) of section 24;
(l) the manner of carrying out inspection and verification under
sub-section (2) of section 28;
(m) the manner of conducting investigation under sub-section (2) of
section 29;
(n)the manner of carrying out search and seizure under sub-section (2)
of section 30;
(o) the manner in which acquisition shall be carried out under
sub-section (3) of section 33;
(p)the terms and conditions for inviting technical experts to the meetings
of the Council under sub-section (3) of section 47;
(q) the times, places, rules of procedure and quorum for meetings of
Council under sub-section (4) of section 47;
(r)the manner and composition of search-cum-selection committee for
appointment of Technical Member (Atomic Energy) under sub-section (2) of
section 50;
(s)the form and manner of filing an appeal before the Appellate Tribunal
under sub-section (1) of section 51;
(t) the other powers to be exercised by Chairperson of Claims
Commission under section 58;
(u)the salary and allowances and other terms and conditions of service
of the Chairperson and Members of Claims Commission under sub-section (2)
of section 59;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95
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(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.
Power to make 85.(1) The Board may, by notification, make regulations for carrying out the
regulations. 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;
(c) the form and manner of application for safety authorisation, and
documents, information and fee under sub-section (2) of section 6;
(d) the manner and terms and conditions for granting a safety
authorisation under sub-section (2) of section 7;
(e)the time, places, rules of procedure and quorum of meetings of Board
under section 21;
(f) the grant of safety authorisation during various stages of lifetime of
nuclear and radiation facilities and associated activities under clause (e) of
sub-section (3) of section 24;
(g) the manner of review of order or decision of Chairperson or
Whole-time Member or officer under sub-section (2) of section 27;
(h)any other matter which is to be, or may be, specified, or in respect of
which provision is to be made, by regulations.
Rules, 86.Every rule and every regulation made under this Act shall be laid, as soon
regulations to be as may be after it is made, before each House of Parliament, while it is in session,
laid before
for a total period of thirty days which may be comprised in one session or in two or
Parliament.
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in96 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
_____________________________________________________________________________________________________________________________________________________________________________________________________
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 Act to have an
inconsistent therewith contained in any enactment other than this Act or any overriding
effect.
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 Power to remove
Central Government may, by order published in the Official Gazette, make such difficulties.
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 Amendment of
Act No. 39 of
extent and in the manner mentioned in the fourth column thereof.
1970.
90.The provisions of this Act shall be binding on the Government. Act binding on
Government.
33 of 1962. 91. (1) The Atomic Energy Act, 1962 and the Civil Liability for Nuclear Repeal and
38 of 2010. Damage Act, 2010 are hereby repealed. saving.
(2)Notwithstanding the repeal of the enactments aforesaid, any action taken,
including creation of any body or authority, grant of licence or permissions by
whatever name called, grant of exemption, conduct of inspection or investigation or
passing of orders, issuance of notice, any document or instrument executed, funds
collected or any proceedings, complaints or appeal pending or ongoing, under the
enactments so repealed, shall be deemed to have been done or taken under this
Act.
(3)All rules, notifications, orders, directions and regulatory documents made or
issued or purported to have been made or issued under the enactments so repealed
shall, in so far as they relate to matters for which provision is made in this Act and
are not inconsistent therewith, be deemed to have been made or issued under this
Act as if this Act had been in force on the date on which such rules, notifications,
orders, directions and regulatory documents were made or issued, and shall continue
in force unless and until they are superseded by any rule, notification, order,
direction or regulatory document made or issued under this Act.
(4) Any person appointed to any office under or by virtue of any enactment
hereby repealed shall be deemed to have been appointed by that office under or by
virtue of this Act.
(5) Any principle or rule of law, practice or procedure or existing usage,
custom, privilege, restriction or exemption shall not be affected, notwithstanding
4
that the same respectively may have been in any manner affirmed or recognised or
derived by, in, or from, the enactments hereby repealed.
(6)The offices existing on the commencement of this Act shall continue as if
they have been established under the provisions of this Act.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97
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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.98 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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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)
1. Reactors having thermal power above 3000
3600 MW
2. Reactors having thermal power above 1500
1500 MW and up to 3600 MW
3. Reactors having thermal power above 750
750 MW and up to 1500 MW
4. Reactors having thermal power above 300
150 MW and up to 750 MW
5. Reactors having thermal power up to 100
150 MW, fuel cycle facilities other than
spent fuel reprocessing plants and
transportation of nuclear materialsSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99
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THE THIRD SCHEDULE
(See section 89)
AMENDMENTS
Year No. Short title Amendments
(1) (2) (3) (4)
1970 39 The Patents Act, 1. For section 4, the following
1970 section shall be substituted,
namely:––
“4. Inventions relating to
nuclear energy.––The patents
may be granted for inventions
relating to 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.100 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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STATEMENT OF OBJECTS AND REASONS
The Atomic Energy Act, 1962 (33 of 1962) was enacted, after repealing the
Atomic Energy Act, 1948, to provide for a legal framework for the development,
control and use of atomic energy, for the welfare of the people of India and for other
peaceful purposes. Thereafter, the Atomic Energy Act, 1962 was amended in the
years 1986, 1987 and 2015. The progressive amendments over the years gradually
broadened the scope of nuclear power production originally confined to the Central
Government, to Government companies and joint ventures among them. In the
year 2010, the Civil Liability for Nuclear Damage Act, 2010 (38 of 2010) was
enacted to provide for civil liability for nuclear damage and prompt compensation
to the victims of nuclear incident through a no-fault liability regime.
2. With the strong research and development support since inception of the
nuclear power programme, India could achieve self-reliance in nuclear fuel cycle
technology and has been carrying out its nuclear power programme in a responsible
manner. With adequate experience now in place, the time is ripe to augment its
nuclear installed capacity to ensure clean energy security and reliable round-the-
clock power for national data centres and future ready applications.
3. India has set an ambitious target to achieve energy independence with a
roadmap for decarbonisation of the economy by 2070 and to achieve 100 Giga Watt
of nuclear power capacity by 2047. To achieve this goal, it is imperative to enact a
new legislation to harness the full potential of India’s nuclear energy and indigenous
resources through active involvement of both the public and private sectors. It
further seeks to leverage the contribution of domestic nuclear energy for augmenting
the global nuclear energy ecosystem.
4.In view of the reasons mentioned in the preceding paragraphs, it is necessary
to enact a new comprehensive legislation, namely, the Sustainable Harnessing and
Advancement of Nuclear Energy for Transforming India Bill, 2025 and to repeal
the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010.
The new legislation is aligned to achieve the objectives of increasing the share of
nuclear energy in the total energy mix of India, facilitate innovation in nuclear
science and technology, expand its applications to non-power applications and
continue to honour India’s obligations towards safety, security, safeguards and
towards nuclear liability.
5.The Bill, inter alia, seeks to provide for the following, namely:—
(i)to provide for licence and safety authorisation to the persons specified
in clause 3 of the Bill for the production or use of nuclear energy and providing
for the suspension and cancellation of such licence and safety authorisation in
certain situations;
(ii) to provide for regulation of application of nuclear and radiation
technology in health care, food and agriculture, industry, research, and other
non-power uses;
(iii) to exempt research, development and innovation activities from
licence;
(iv)to provide for a pragmatic civil liability regime for nuclear damage;
(v)to confer statutory status to the Atomic Energy Regulatory Board;
(vi) to strengthen the implementation of security, safeguards and
provide policy framework for quality assurance and smooth coordination for
emergency preparedness and response;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101
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(vii) to provide for vesting of acquisition rights exclusively with the
Central Government in certain cases;
(viii)to provide for establishment of Atomic Energy Redressal Advisory
Council for redressal of disputes;
(ix) to provide that the Appellate Tribunal for Electricity established
under the Electricity Act, 2003 (36 of 2003) shall be the Appellate Tribunal
for the purposes of the Bill;
(x) to provide for designation of officers as Claims Commissioner by
Central Government for the purposes of adjudication of claims for
compensation in respect of nuclear damage; and
(xi) to provide for establishment of Nuclear Damage Claims
Commission for the adjudication in cases of severe nuclear damage.
6.The notes on clauses explain in detail the various provisions of the Bill.
7.The Bill seeks to achieve the above objectives.
NEW DELHI; DR. JITENDRA SINGH.
The 12th December, 2025.102 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Notes on clauses
Clause 1 of the Bill provides for the short title and commencement of the Bill.
Clause 2 of the Bill defines the various words and expressions used in the Bill
such as “nuclear damage”, “nuclear energy”, “nuclear facility”, “nuclear incident”,
“prescribed substance”, “radiation”, etc.
Clause 3 of the Bill, inter alia, permits the Department of Government of
India, any Company, joint venture, etc., to set up the facilities or undertake the
activities specified in this clause only under a licence or safety authorisation. It
further empowers the Central Government to reserve certain activities of sensitive
nature under its exclusive control.
Clause 4 of the Bill enables the Board to regulate the manufacture, use, export,
import, transport, transfer, etc., of any radioactive substances and radiation
generating equipment. It further empowers the Central Government to specify
measures for the security of radioactive substances.
Clause 5 of the Bill empowers the Central Government to undertake
exploration activities for discovery of uranium or thorium. It provides for notifying
the threshold values of uranium and thorium content in minerals, above which
mining would be permitted only to the Government and Government undertakings.
It, inter alia, empowers the Central Government to impose certain terms and
conditions on persons engaged in mining substances from which uranium can be
isolated or extracted.
Clause 6 of the Bill provides for making an application accompanied by fee
and relevant documents and information for grant of licence and safety
authorisation.
Clause 7 of the Bill, inter alia, provides for grant of licence and safety
authorisation by the Central Government and the Board, subject to the terms and
conditions laid down in the rules and regulations, respectively. It further empowers
the Central Government and the Board to refuse the grant of licence and safety
authorisation.
Clause 8 of the Bill provides the grounds for suspension, modification,
curtailment of duration and cancellation of licence and safety authorisation and the
actions the Central Government or the Board may take pursuant to such suspension,
modification, curtailment or cancellation of the licence or safety authorisation.
Clause 9 of the Bill enables any person to carry out research, development,
design and innovation in matters related to nuclear energy and radiation for the
peaceful use, except for the activities of sensitive nature which are exclusively
reserved for the Central Government.
Clause 10 of the Bill provides for duties of persons granted a licence or safety
authorisation. The said clause, inter alia, imposes restrictions, prohibitions as well
as obligations on person who has been granted licence or safety authorisation for
ensuring compliance with safety, security, safeguards and liability requirements.
Clause 11 of the Bill, inter alia, provides that the operator shall be liable for
nuclear damage caused by a nuclear incident occurring in a nuclear installation as
well as for nuclear incident occurring outside the nuclear installation involving
nuclear material in the course of carriage before and after another operator has
assumed the liability.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103
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Clause 12 of the Bill provides for the circumstances under which the operator
shall not be liable for nuclear damage including where a nuclear damage is caused
by nuclear incident directly due to a grave natural disaster of an exceptional
character or by acts of armed conflict, hostility, civil war, insurrection or terrorism.
Clause 13 of the Bill makes provisions relating to limits of liability. It provides
the maximum amount of liability of the operator for various categories of nuclear
installations specified in the Second Schedule.
Clause 14 of the Bill provides for the liability of the Central Government. It
seeks to limit the liability of the Central Government in certain circumstances. It
further empowers the Central Government to establish Nuclear Liability Fund for
the purpose of meeting its liability.
Clause 15 of the Bill imposes an obligation upon the operator to take out,
before beginning the operation of a nuclear installation, insurance policy or such
other financial security covering his liability as specified in the Second Schedule
and to renew the same. However, the nuclear installation owned by the Central
Government is exempted from this obligation.
Clause 16 of the Bill provides that the operator of a nuclear installation shall
have a right of recourse where such right is expressly provided for in a contract in
writing or where the nuclear incident has resulted from the act of commission or
omission of a person done with the intent to cause nuclear damage.
Clause 17 of the Bill provides for the constitution of the Atomic Energy
Regulatory Board. It further provides for composition of the Board and the
appointment of the Chairperson and its Members on the recommendations of the
search-cum-selection committees constituted for the purpose. The said clause also
enables Central Government to notify the financial and administrative powers of the
Chairperson as may be necessary for the autonomous functioning of the Board.
Clause 18 of the Bill provides for the tenure, terms of office and other
conditions of service of Chairperson and Members of the Board. It further provides
for certain restrictions on Chairperson or Members of the Board during their
employment and after cessation of office.
Clause 19 of the Bill provides that the Chairperson or Member may relinquish
his office by giving in writing to the Central Government a notice of not less than
three months or be removed from the office in accordance with provisions of this
clause.
Clause 20 of the Bill provides that the Central Government shall, within a
period of three months from the date of occurrence of any vacancy by reason of
death, resignation or removal of the Chairperson or a Member make a reference to
the search-cum-selection committee for filling up the vacancy.
Clause 21 of the Bill provides for conduct of meetings of the Board. It
provides that the Board shall meet at such times and places, and observe such rules
of procedure in regard to the transaction of business at its meetings (including
quorum at such meeting) as may be specified by regulations.
Clause 22 of the Bill seeks to provide that the vacancies, etc., shall not
invalidate the proceedings of the Board.
Clause 23 of the Bill enables the Central Government to provide the Board
with such number of officers and employees of various categories and post, for the
effective functioning of the Board. It further makes provision for the salaries,
allowances, incentives, entitlements and other terms and conditions of service of the
officers and employees of the Board.104 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Clause 24 of the Bill provides for powers and functions of the Board to ensure
that the use of radiation and nuclear energy is safe for the health of the radiation
workers, members of the public and the environment. Its powers and functions,
inter alia, include framing regulations and programmes for nuclear, radiation and
occupational health and safety, issuance of regulatory documents, specify criteria
for notification of nuclear incident, etc.
Clause 25 of the Bill empowers the Central Government to constitute one or
more regulatory bodies for regulation of facilities and activities which are sensitive
in nature or have national security implications. The said clause further empowers
the Government, inter alia, to take all such measures for securing public and
environmental safety.
Clause 26 of the Bill provides for notification of nuclear incident by the
Central Government within ten days from receipt of recommendations from the
Board but shall not be required to notify nuclear incident where it is satisfied that
the gravity of threat and risk involved in such nuclear incident is insignificant.
Clause 27 of the Bill empowers the Board to delegate to the Chairperson or
the Whole-time Member or its officer or State Government officer not below the
rank of Director in Government of India, any of its powers and functions except the
power to frame regulations and issue regulatory documents. It further provides for
review by the Board of the order or decision taken by the delegated authority on an
application submitted to the Board in accordance with manner specified by
regulations.
Clause 28 of the Bill provides for powers of inspection to the Central
Government and the Board under certain circumstances.
Clause 29 of the Bill empowers the Central Government and the Board to
carry out an investigation upon a complaint or occurrence of a nuclear or
radiological event, etc.
Clause 30 of the Bill provides for powers of search and seizure to the Central
Government and the Board. It further provides for availing the assistance of police
officer or any officer of Central Government while conducting the search and
seizure.
Clause 31 of the Bill provides the actions which the Central Government or
the Board may take in pursuance of the investigation or search and seizure, which
among others include sealing, seizing of the material or equipment by the Central
Government, issuing warning, de-recognise or de-certify any personnel, modify,
suspend, curtail the duration or cancel the licence or safety authorisation or impose
penalties or lodge complaint.
Clause 32 of the Bill empowers the Central Government, inter alia, to frame
various national policies related to nuclear energy, safety, radioactive waste
management, security and safeguards, quality assurance and control, etc., and
entrusts with it with various functions.
Clause 33 of the Bill empowers the Central Government to acquire prescribed
substance, radioactive substance, material, equipment, plant, facility, mine and
rights to work on mine or minerals from which prescribed substance can be
obtained. It further provides, inter alia, that upon acquisition of an abandoned plant,
the Government may take measures, as considered necessary, for development and
safe operation of the plant, the disposal of the prescribed substance, spent fuel
management, etc.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105
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Clause 34 of the Bill vests the Central Government with the right to require
that any substance, which in its opinion, contains uranium, thorium, plutonium or
any of their isotopes or any other source material or fissile material shall be
delivered to it.
Clause 35 of the Bill provides for novation of contract and upon such novation,
the rights and liabilities of any of the parties to such contract shall be transferred to
the Central Government. It further provides the procedure to be adopted for novation
of the contracts.
Clause 36 of the Bill sets out the principles relating to the payment of
compensation in those cases where it is payable under the Bill. While determining
the amount of compensation payable, no consideration shall be made for the value
of uranium, thorium, plutonium or any of their isotopes, contained in any substance
or material including the cost of transportation incurred during its delivery.
Clause 37 of the Bill empowers the Central Government to fix the tariff for
supply of electricity from nuclear power plants based on norms and mechanism
notified by it. It further provides that while specifying the norms, due regard shall
be given to cost of fuel, cost of spent fuel management, decommissioning cost and
other services or factors as decided by the Central Government.
Clause 38 of the Bill opens up the patent regime for inventions related to
peaceful uses of the nuclear energy and radiation, except for the activities of
sensitive nature which are exclusively reserved for the Central Government. It
further provides the procedure for grant of patent in relation to the Bill.
Clause 39 of the Bill empowers the Central Government to declare the
information to be regarded as ‘restricted information’ under the Bill and lays down
prohibitions in respect of disclosure of such information. It further debars the
disclosure of restricted information under the Right to Information Act, 2005.
Clause 40 of the Bill empowers the Central Government to declare any
premises as ‘prohibited area’ where work including research, design or development
is carried on in respect of the production, treatment, use, application or disposal of
nuclear energy or of any prescribed substance and lays down the prohibition on
entry and accessing any photograph, sketch, pictures, drawing, map or other
document from a prohibited area without its permission.
Clause 41 of the Bill empowers the Central Government to call upon any
information from any person regarding any substance, material, plant, facility, mine,
processes, etc., under his possession or any other information as it may consider
necessary for the purpose of discharging its functions under this Bill.
Clause 42 of the Bill vests in the Central Government, the authority to
administer the provisions of the Occupational Safety, Health and Working
Conditions Code, 2020, and to enforce its provisions in relation to factories
belonging to it or a company fully owned or controlled by it and engaged in carrying
out the purposes of this Bill. It further enables the Central Government to entrust
the Board with the authority to administer certain provisions of the said Code with
respect to occupational health and safety of workers in relation to such factories.
Clause 43 of the Bill empowers the Central Government to delegate any of its
powers, except the power to make rules, to officer or authority subordinate to the
Central Government or to State Government or officer or authority subordinate to a
State Government, not below the rank of Director.106 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Clause 44 of the Bill empowers the Central Government to exempt, by
notification, any plant, facilities, prescribed substance or quantity of prescribed
substance or prescribed equipment and technology from the requirements of licence
or liability or any provisions of this Bill where it is of the opinion that the risk
involved is insignificant and the reasons for such exemption shall be specified in the
notification.
Clause 45 of the Bill empowers the Central Government to issue directions to
any licensee or any other person for ensuring compliance with the provisions of the
Bill after giving a reasonable opportunity of being heard, and every such licensee or
person shall be bound to comply with such directions.
Clause 46 of the Bill provides that in case of declaration of national
emergency, complete powers shall vest with the Central Government to assume
control over the nuclear and radiation facilities, materials, equipment, etc., and to
take all measures necessary or expedient in the exercise of such powers.
Clause 47 of the Bill provides for establishment of an Atomic Energy
Redressal Advisory Council. It further provides for the composition of the council,
provision to invite technical experts and the conduct of the meetings of the Council
shall be in accordance with the rules made.
Clause 48 of the Bill provides that a licensee or holder of safety authoritsation
or any person aggrieved by an order or decision of the Central Government or the
Board including fixation of tariff may submit an application for review to the
Council. It further enables the Council, inter alia, to examine the review application
to facilitate re-conciliation and settlement of disputes.
Clause 49 of the Bill provides that the Appellate Tribunal for Electricity
established under the Electricity Act, 2003 shall be the Appellate Tribunal for the
purposes of this Bill to hear and dispose appeals in matters under the Bill.
Clause 50 of the Bill provides that the Appellate Tribunal for Electricity, in
addition to its existing composition shall consist of a maximum of two additional
Technical Members having expertise in matters related to nuclear energy.
Clause 51 of the Bill enables the Appellate Tribunal to hear appeals against
the order of Council or penalty imposed by the adjudicating officer. It further
provides the procedure for filing of appeal and adjudication by the Appellate
Tribunal.
Clause 52 of the Bill provides for filing an appeal before the Supreme Court
against the order of the Appellate Tribunal.
Clause 53 of the Bill provides the territorial jurisdiction for submitting claims
for nuclear damage.
Clause 54 of the Bill confers a right upon a person who suffers nuclear damage
to claim compensation in accordance with the provisions of the Bill and claims for
such compensation shall be adjudicated by one or more Claims Commissioners to
be designated by the Central Government by notification.
Clause 55 of the Bill makes provisions for inviting applications for claims by
the Claims Commissioner. It provides that the Claims Commissioner shall, after the
notification of a nuclear incident, cause wide publicity to be given for inviting
applications for claiming compensation for nuclear damage.
Clause 56 of the Bill empowers the Central Government to establish a Nuclear
Damage Claims Commission considering the extent and severity of nuclear damage.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107
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Clause 57 of the Bill provides for the composition of the Nuclear Damage
Claims Commission. It further provides for the qualification for being appointed as
Chairperson and Members of the Claims Commission.
Clause 58 of the Bill makes provisions relating to powers of the Chairperson
of the Nuclear Damage Claims Commission. It provides that the Chairperson shall
have the power of superintendence in the general administration of the Commission
and exercise such powers as may be made by rules.
Clause 59 of the Bill makes provisions for the age limit and term of office of
the Chairperson and Members of the Nuclear Damage Claims Commission. It
further provides for the salaries and allowances payable to and other terms and
conditions of service of the Chairperson and other Members of the Nuclear Damage
Claims Commission
Clause 60 of the Bill makes provisions for resignation and removal of the
Chairperson or Member of the Nuclear Damage Claims Commission.
Clause 61 of the Bill makes provisions for filling up of vacancies in the office
of Chairperson or Members of the Nuclear Damage Claims Commission.
Clause 62 of the Bill provides for appointment of officers and other employees
of the Nuclear Damage Claims Commission. It further provides that the Central
Government shall provide the Commission with such officers and other employees
as it may deem fit.
Clause 63 of the Bill provides for adjudication of claims for nuclear damage
by Nuclear Damage Claims Commission. It further empowers the Chairperson of
the Claims Commission to constitute benches for the purpose of hearing of claims
and that any decision thereon shall be rendered by a majority of the Members
hearing such claims.
Clause 64 of the Bill specifies the category of persons entitled to make
application for nuclear damage and procedure for making applications before the
Claims Commissioner and the Nuclear Damage Claims Commission.
Clause 65 of the Bill provides for the procedure to be followed by the Claims
Commissioner and Nuclear Damage Claims Commission and powers to be
exercised them for adjudicating claims for nuclear damage.
Clause 66 of the Bill provides for making of awards by the Claims
Commissioner and the Nuclear Damage Claims Commission.
Clause 67 of the Bill provides for extinction of right to claim. It, inter alia,
provides that the right to claim compensation for any nuclear damage caused by a
nuclear incident shall extinguish if such claim is not made within a period of ten
years for damage related to property and twenty years for personal injury from the
date of incident.
Clause 68 of the Bill provides for enforcement of awards. It provides that
when an award is made by the Claims Commissioner or by the Nuclear Damage
Claims Commission, the insurer or the person responsible under the contract of
insurance or financial security to pay the amount of such award to the extent of his
liability, shall be required to deposit such amount within such time and in such
manner as directed by the Claims Commissioner or the Commission and the
remaining amount by which such award exceeds the amount so deposited shall be
deposited by the operator, subject to the maximum extent of his liability provided
in the Second Schedule of the proposed legislation.108 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Clause 69 of the Bill provides for dissolution of Nuclear Damage Claims
Commission in certain circumstances. It further provides for consequences of such
dissolution.
Clause 70 of the Bill empowers the Central Government or the Board to
designate an officer, not below the rank of Joint Secretary, as an adjudicating officer
for levying monetary penalties for breach and violation which are of less severe
nature. It further provides that the amount collected through imposition of penalties
shall be credited to the Consolidated Fund of India.
Clause 71 of the Bill provides for imposition of a punishment of imprisonment
up to five years or fine or with both for grave offences under the Bill, and a lesser
punishment for less serious offences. It further provides, inter alia, that the act of
commission or abetment or incitement of unauthorised removal or use of source
material or fissile material or radioactive material or disclosure of restricted
information shall be punished with rigorous imprisonment up to ten years or with
fine or with both, etc.
Clause 72 of the Bill provides for offences by companies. It provides that
where an offence under the Bill has been committed by a company, every person
directly in charge of, and responsible to, the company for the conduct of its business
at the time of commission of offence shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly unless he proves
that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
Clause 73 of the Bill provides for offences by Government Departments. It
provides that where an offence under the Bill has been committed by any
Department of the Government, the Head of the Department shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly, in accordance with the provisions of the said clause.
Clause 74 of the Bill provides for cognizance of offences. It provides that no
court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence under the Bill and that cognizance of such offence
shall be taken only on a complaint made by the Central Government or any authority
or officer authorised by it.
Clause 75 of the Bill provides that upon a complaint lodged under the Bill,
only a police officer not below the rank of Inspector of Police shall investigate the
offences.
Clause 76 of the Bill provides for compounding of certain offences by the court
and the factors to be considered for deciding whether to compound such offence.
Clause 77 of the Bill provides for grants of money to the Board after due
appropriation made by Parliament. It further requires the Board to prepare budget in
each financial year for the next financial year showing the estimated receipts and
expenditure of the Board and to forward the same to the Atomic Energy Commission.
Clause 78 of the Bill provides for maintenance of proper accounts and other
relevant records by Board. It requires the Board to prepare an annual statement of
accounts in such form as may be made by rules, which shall be audited by
Comptroller and Auditor-General of India at such intervals as specified by it. It
further provides for the accounts of the Board, as certified by Comptroller and
Auditor-General of India or any other person appointed by him in this behalf,
together with the audit report thereon, to be forwarded annually to the Central
Government and to be laid before each House of Parliament.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109
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Clause 79 of the Bill provides for furnishing of returns, statements and such
other particulars in relation to finance and accounts by Board to the Central
Government at such time and in such form and the manner as may be made by rules.
It further provides for forwarding of the annual report by Board to the Atomic
Energy Commission.
Clause 80 of the Bill provides for preparation of annual report by Claims
Commission. It provides that the Nuclear Damage Claims Commission shall prepare
in each financial year an annual report giving full account of its activities during
that financial year in the manner provided by rules to be made by the Central
Government and submit a copy to the Central Government to enable it to lay the
same before each House of Parliament.
Clause 81 of the Bill provides for exclusion of jurisdiction of civil courts. It
provides that no civil court shall have jurisdiction to entertain any suit or
proceedings in respect of which the Central Government, the Board, the Nuclear
Damage Claims Commission or the Claims Commissioner is empowered to
adjudicate under the Bill. It further provides that no injunction shall be granted by
any court or other authority in respect of any action taken or to be taken in pursuance
of any power conferred by or under the Bill.
Clause 82 of the Bill provides for protection of action taken in good faith. It
provides that no suit, prosecution or other legal proceedings shall lie against the
Central Government or the Board or the Council or any person acting on their behalf
for anything which is in good faith done or intended to be done under the Bill or the
rules and regulations made thereunder.
Clause 83 of the Bill empowers the Central Government to amend by
notification the First Schedule to specify higher or lower amount of penalty relating
to any category of breach or violation, and the Second Schedule to increase or
decrease the amount of liability of the operator, having regard to the extent of risk
involved in a nuclear installation. It further requires a copy of such notification to
be laid before each House of Parliament as soon as it is issued.
Clause 84 of the Bill empowers the Central Government to make rules for
carrying out the provisions of the Bill. Sub-clause (2) of the said clause enumerates
the various matters in respect of which such rules may be made.
Clause 85 of the Bill empowers the Board to make regulations for carrying
out the provisions of the Bill. Sub-clause (2) of the said clause enumerates the
various matters in respect of which such regulations may be made.
Clause 86 of the Bill provides for laying of every rule and regulations before
each House of Parliament.
Clause 87 of the Bill provides for an overriding effect to the provisions of the
Bill. It provides that the provisions of the Bill shall have effect notwithstanding the
provisions contained in any other enactment other than the Bill or any other
instrument having effect by virtue of any enactment other than the Bill.
Clause 88 of the Bill provides for power to remove difficulties. It empowers
the Central Government to issue an order for removing the difficulty arising in
giving effect to the provisions of the Bill, within a period of five years from the date
of commencement of the Bill. It further requires every such order to be laid before
each House of Parliament immediately.110 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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Clause 89 of the Bill provides for amendment to Act No. 39 of 1970 to the
extent and in the manner specified in the Third Schedule.
Clause 90 of the Bill provides that the provisions of the Bill shall be binding
on the Government.
Clause 91 of the Bill provides for the repeal of the Atomic Energy Act, 1962
and the Civil Liability for Nuclear Damage Act, 2010. It further provides for saving
of actions taken under the repealed Acts.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111
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FINANCIAL MEMORANDUM
The Bill seeks to repeal the Atomic Energy Act, 1962 (33 of 1962) and the
Civil Liability for Nuclear Damage act, 2010 (38 of 2010) and to enact a new
comprehensive legislation, namely, the Sustainable Harnessing and Advancement
of Nuclear Energy for Transforming India Bill, 2025 primarily to harness the full
potential of India’s nuclear energy by involving public and private sectors.
2.Clause 14 of the Bill provides for the liability of the Central Government in
the event of a nuclear incident. However, as the actual liability in the event of
nuclear incident would depend on the magnitude of the incident, it is difficult to
estimate the cost of liability at this stage. The Central Government has established
a Nuclear Liability Fund for the purpose of meeting its liability under the Bill.
3. Clause 17 of the Bill provides that the Atomic Energy Regulatory Board
constituted under the Atomic Energy Act, 1962 shall be deemed to have been
constituted under the Bill. The expenditure in respect of the said Board and its
officers and employees shall be met from the yearly Government budgetary support.
4. Clause 47 of the Bill provides for establishment of the Atomic Energy
Redressal Advisory Council, with ex officio members. The Council may invite a
maximum of three technical experts who will be paid sitting allowances for the
meetings.
5.Clause 49 of the Bill provides that the Appellate Tribunal established under
the Electricity Act, 2003 (36 of 2003) shall serve as the Appellate Tribunal for
hearing appeals filed under clause 51 of the Bill. Clause 50 of the Bill empowers the
Central Government to notify a maximum of two experts in nuclear energy as
Technical Members of the Appellate Tribunal. The salaries and allowances payable
to the Technical Members shall be same as other members of the Appellate Tribunal.
The said expenditure shall be met from the yearly Government budgetary support
6. Clause 54 of the Bill provides for designating Claims Commissioners for
adjudication of claims for nuclear damage. Further, depending on severity and
extent of nuclear damage, the Central Government may establish Nuclear Damage
Claims Commission under clause 56 of the Bill. The expenditure, both recurring
and non-recurring, towards the establishment of Claims Commissioner and Nuclear
Damage Claims Commission is not quantifiable at this stage, as it can be determined
only after their appointment in case of any nuclear incident.
7.In view of the above, there may not be any immediate significant increase
in the financial implication on the yearly budget of the Central Government on the
enactment of the Bill.112 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 42 of the Bill empowers the Central Government to make rules for the
administration of the provisions of the Occupational Safety, Health and Working
Conditions Code, 2020, in relation to any factory belonging to it or a company fully
owned or controlled by it and engaged in carrying out the purposes of this Bill.
2. Sub-clause (1) of clause 84 of the Bill empowers the Central Government
to make rules for carrying out the purposes of the proposed legislation.
Sub-clause (2) of the said clause specifies the matters in respect of which such rules
may be made, which inter alia, provides for (a) the measures for security of
radioactive substance to be taken under sub-section (4) of section 4; (b) the form
and manner of application for licence and the documents, information and fee, under
sub-section (1) of section 6; (c) the manner and terms and conditions for the grant
of licence under sub-section (1) of section 7; (d) the manner of taking control of the
facility or mine and for compliance with other obligations under sub-section (4) of
section 8; (e) the terms and conditions of safety, security and safeguards under
sub-section (2), and the manner of maintaining sufficient financial security under
clause (e) of sub-section (3), of section 10; (f) the manner of establishing Nuclear
Liability Fund under sub-section (2) of section 14; (g) the manner of obtaining an
insurance policy or such other financial security under sub-section (1) of section 15;
(h)the qualifications and experience of Chairperson and Members of Board under
sub-section (3) of section 17; (i) the procedure to be followed by the
search-cum-selection committee for recommending names of Chairperson and
Members of Board under sub-section (5) of section 17; (j) the salaries, allowances,
incentives, entitlements and other conditions of service of officers and employees
of Board under sub-section (2) of section 23; (k) the other powers to be exercised
and functions to be performed by Board under clause (r) of sub-section (3) of section 24;
(l) the manner of carrying out inspection and verification under sub-section (2) of
section 28; (m) the manner of conducting investigation under sub-section (2) of
section 29; (n) the manner of carrying out search and seizure under sub-section (2)
of section 30; (o) the manner in which acquisition shall be carried out under
sub-section (3) of section 33; (p) the terms and conditions for inviting technical
experts to the meetings of the Council under sub-section (3) of section 47; (q) the
times, places, rules of procedure and quorum for meetings of Council under
sub-section (4) of section 47; (r) the manner and composition of
search-cum-selection committee for appointment of Technical Member (Atomic
Energy) under sub-section (2) of section 50; (s) the form and manner of filing an
appeal before the Appellate Tribunal under sub-section (1) of section 51; (t) the other
powers to be exercised by Chairperson of Claims Commission under section 58; (u) the
salary and allowances and other terms and conditions of service of the Chairperson and
Members of Claims Commission under sub-section (2) of section 59; (v) the salary and
allowances payable to and the terms and other conditions of service of officers and
other employees of Claims Commission under sub-section (2) of section 62; (w) the
form and manner of application for compensation before Claims Commissioner or
Claims Commission under sub-section (2) of section 64; (x) the procedure to be
followed for adjudication of claims for nuclear damage under sub-section (1) of
section 65; (y) the terms and conditions for engaging experts for holding inquiry and
payment of remuneration, fee or allowances to them under sub-section (2) of
section 65; (z) any other matter under clause (f) of sub-section (3) of section 65; (za)
the form and time of preparing budget under sub-section (2) of section 77; (zb) the
form of preparation of annual statement of accounts under sub-section (1) of
section 78; (zc) the time, form and manner of furnishing returns, statements andSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113
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particulars under sub-section (1) of section 79; (zd) the form and time of preparing
annual report by Claims Commission under section 80; and (ze) any other matter
which is to be, or may be, prescribed, or in respect of which provision is to be made,
by rules.
3. Sub-clause (1) of clause 85 of the Bill empowers the Atomic Energy
Regulatory Board to make regulations for carrying out the purposes of the proposed
legislation. Sub-clause (2) of the said clause specifies the matters in respect of which
such regulations may be made, which inter alia, provides for (a) the facilities or
activities requiring safety authorisation under sub-section (3) of section 3;
(b) radiological emergency under sub-section (3) of section 4; (c) the form and
manner of application for safety authorisation, and documents, information and fee
under sub-section (2) of section 6; (d) the manner and terms and conditions for
granting a safety authorisation under sub-section (2) of section 7; (e) the time,
places, rules of procedure and quorum of meetings of Board under section 21;
(f)the grant of safety authorisation during various stages of lifetime of nuclear and
radiation facilities and associated activities under clause (e) of sub-section (3) of
section 24; (g) the manner of review of order or decision of Chairperson or
Whole-time Member or officer under sub-section (2) of section 27; and (h) any other
matter which is to be, or may be, specified, or in respect of which provision is to be
made, by regulations.
4.The matters in respect of which the rules and regulations may be made are
matters of procedure and administrative detail and it is not practicable to provide for
them in the Bill itself. The delegation of legislative power is, therefore, of a normal
character.
————
UTPAL KUMAR SINGH,
Secretary General.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—392GI(S4)—18-12-2025.