The Atomic Energy Amendment Act, 2015, No. 5 of 2016, received the President's assent on December 31, 2015, and was published on January 1, 2016. This Act amends the Atomic Energy Act, 1962. Key changes include a revised definition of "Government company" in Section 2(1)(bb) to mean a company with at least 51% of paid-up share capital held by the Central Government, or a company whose entire paid-up share capital is held by one or more companies controlled by the Central Government, empowering the Central Government to constitute and reconstitute its Board of Directors. Furthermore, Section 14 is amended to restrict licenses under subclause (c) of clause (ii) of subsection (1) to Departments of the Central Government, authorities or institutions or corporations established by the Central Government, or Government companies. The amendment also stipulates that licenses granted to Government companies will be cancelled if the licensee ceases to be a Government company, with all assets vesting in the Central Government, which will then be responsible for the safe operation of the plant and disposal of nuclear material.
Key Entities Referenced
Ministry of Law and Justice: The ministry responsible for the Legislative Department that published the notification.
Parliament: The legislative body that enacted the Atomic Energy Amendment Act, 2015.
President: The head of state who assented to the Atomic Energy Amendment Act, 2015.
Atomic Energy Amendment Act, 2015: The Act being published, which amends the Atomic Energy Act, 1962.
Atomic Energy Act, 1962: The principal Act being amended by the Atomic Energy Amendment Act, 2015.
Central Government: The government of India, which plays a key role in the implementation and regulation of the Atomic Energy Act.
New Delhi: The location where the Gazette of India was published.
Dr. G. Narayana Raju: Secretary to the Govt. of India.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 1st January, 2016/Pausha 11, 1937 (Saka)
The following Act of Parliament received the assent of the President on the
31st December, 2015, and is hereby published for general information:—
THE ATOMIC ENERGY (AMENDMENT) ACT, 2015
NO. 5 OF 2016
[31st December, 2015.]
An Act further to amend the Atomic Energy Act, 1962.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
1. (1) This Act may be called the Atomic Energy (Amendment) Act, 2015. Short title
and com-
(2) It shall come into force on such date as the Central Government may, by notification mencement.
in the Official Gazette, appoint.
33 of 1962. 2. In section 2 of the Atomic Energy Act, 1962 (hereinafter referred to as the principal Amendment
Act), in sub-section (1), for clause (bb), the following clause shall be substituted, of section 2.
namely:—
‘(bb) “Government company” means a company in which—
(i) not less than fifty-one per cent. of the paid-up share capital is held by
the Central Government; or2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
(ii) the whole of the paid-up share capital is held by one or more of the
companies specified in sub-clause (i) and which, by its articles of association,
empowers the Central Government to constitute and reconstitute its Board of
Directors;’.
Amendment 3. In the principal Act, in section 14, after sub-section (1), the following sub-sections
of section 14.
shall be inserted, namely:—
“(1A) No licence under sub-clause (c) of clause (ii) of sub-section (1) shall be
granted to a person other than a Department of the Central Government or any
authority or an institution or a corporation established by the Central Government,
or a Government company.
(1B) Any licence granted to a Government company under sub-section (1)
shall stand cancelled in case the licensee ceases to be a Government company and,
notwithstanding anything contained in any other law for the time being in force, all
assets thereof shall vest in the Central Government free from any liability and the
Central Government shall take such measures for safe operation of the plant and
disposal of nuclear material so vested in it, as may be necessary in accordance with
the provisions of section 3.”.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016.
GMGIPMRND—3983GI(S3)—02.01.2016.