Atomic Energy Act, 1962
13. Novation
of certain contracts
(1). The Central
Government may serve on the parties to a contract relating to prospecting or
mining of any substance from which any of the prescribed substances can be
obtained or to production or use of atomic energy or to research into matters
connected therewith, not being a contract for the rendering of personal
services, a notice in writing stating that on such date as may be specified in
the notice the rights and liabilities of any of the parties to the contract
specified in the notice (hereinafter referred to as the specified party) will
be transferred to the Central Government, and thereupon subject to any
withdrawal of the notice under the following provisions of this section, the
contract shall, as regards any rights exercisable, or liabilities incurred, on
or after the said date, have effect as if the Central Government were a party
to the contract instead of the specified party and as if for any reference in
the contract to the specified party there were substituted a reference to the
Central Government.
(2) A notice served
under sub-section (1) shall contain a statement to the effect that an objection
may be made thereto within such time and in such manner as may be specified,
and if any such objection is duly made and not withdrawn, the Central Government
shall afford an opportunity to the person making the objection of appearing
before and being heard by a person appointed by the Central Government for the
purpose.
(3) After considering
any such objection and the report of the person appointed by it under
sub-section (2), the Central Government may make such order as it may deem
proper.
(4) Where the rights
and liabilities of a party to a contract are transferred to the Central
Government under this section, there shall be paid to that party such compensation
in respect of any loss suffered by that party as may be agreed between him and
the Central Government, and in default of such agreement, as may be determined
by arbitration.