Atomic Energy Act, 1962
5. Control over raining or
concentration of substances containing uranium
(1) If the Central
Government is satisfied that any person is mining or is about to mine any
substance from which, in the opinion of the Central Government, uranium can be
or may reasonably be expected. to be, isolated or extracted, or is engaged or
is about to be engaged in treating or concentrating by any physical, chemical
or metallurgical process any substance from which, in the opinion of the
Central Government, uranium can be or may reasonably be expected to be,
isolated or extracted, the Central Government may by notice in writing given to
that person either-
(a) require him in conducting the mining
operations or in treating or concentrating the substance aforesaid to comply
with such terms and conditions and adopt such processes as the Central
Government may in the notice, or from time to time thereafter, think fit to
specify, or
(b) totally prohibit him from conducting the
mining operations or treating or concentrating the substance aforesaid.
(2) Where any
terms and conditions are imposed on any person conducting any mining operations
or treating or concentrating any substance under clause (a) of sub-section,
(1), the Central Government may, having regard to the nature of the terms and
conditions, decide as to whether or not to pay any compensation to that person
and the decision of the Central Government shall be final:
Provided that where the Central
Government decides not to pay any compensation, it shall record in writing a
brief statement giving the reasons for such decision.
(3) Where the Central Government
decides to pay any compensation under sub-section (2), the amount thereof shall
be determined in accordance with section 21 but in calculating the compensation
payable, no account shall be taken of the value of any uranium contained in the
substance referred to in sub-section (1).
(4) Where any mining
operation or any process of treatment or concentration of any substance is
prohibited under clause (b) of sub-section (1), the Central Government shall
pay compensation to the person conducting the mining operations or using the
process of treatment or concentration and the amount of such compensation shall
be determined in accordance with section 21 but in calculating the compensation
payable, no account shall be taken of the value of any uranium contained in the
substance.