Policies Governing Regulation of Nuclear and Radiation Safety in India
The Atomic Energy Act, 1962 (33 of 1962) articulates India’s resolve to pursue the
development, control and use of atomic energy1 for the welfare of the people of India and for
other peaceful purposes and for matters connected therewith. This Act confers on the
Government of India, the powers and responsibilities for framing of Rules and issuance of
notifications for implementing the provisions of the Act.
The powers and responsibilities include those for (i) production, development, use and
disposal of atomic energy / radioactive substances; (ii) control over radioactive substances or
radiation generating plants in order to prevent radiation hazards, secure public safety and
safety of persons handling radioactive substances or radiation generating plant and ensure safe
The Act has special provisions related to safety in the activities related to use of atomic
energy, in Section 17. The Act also gives powers to the Central Government to enter and
inspect the premises and to take penal actions against any party contravening the provisions of
the Act.
In accordance with these mandates, the Central Government has promulgated the Atomic
Energy (Radiation Protection) Rules, 2004, the Atomic Energy (Working of the Mines
Minerals and Handling of the Prescribed Substances) Rules, 1984, the Atomic Energy (Safe
Disposal of Radioactive Wastes) Rules, 1987, the Atomic Energy (Factories) Rules, 1996 and
the Atomic Energy (Radiation Processing of Food and Allied Products) Rules, 2012 that
formulate the policy and regulatory framework for control of activities and for ensuring safety
in the activities relating to use of atomic energy.
The Act has also empowered the Central Government to delegate any power conferred or duty
imposed on it under the Act to a subordinate authority or officer of the Central or the State
Governments. Exercising this power, the Central Government established the Atomic Energy
Regulatory Board (AERB) to carry out certain regulatory and safety functions envisaged
under Section16, 17 and 23 of the Act. Section 16 and 17 of the Act pertain to control of
radioactive substances and special provisions with regard to safety in production, handling,
use and disposal of radiation / radioactive substances respectively in the country. Section 23 of
the Act deals with administration of the Factories Act, 1948, in the factories owned by the
Central Government or any authority or corporation established by it or a Government
Company and engaged in the use of atomic energy. The Central Government has appointed
AERB as the Competent Authority to enforce the safety related rules under the Act.
AERB has also been empowered to perform the functions under the Sections 10(1) (Powers of
entry) and 11(1) (Powers to take samples) of Environmental Protection Act, 1986 and Rule 12
(Agency to which information on excess discharge of pollutants to be given) under the
Environmental Protection (Amendment) Rules 1987. Further, Rules 2(b) and 3 of the
Manufacture, Storage and Import of Hazardous Chemicals Rules 1989 under the
Environmental Protection Act 1986 has notified AERB as the authority to enforce directions
and procedures as per the Atomic Energy Act 1962. Under the Civil Liability for Nuclear
Damage Act, 2010 and the Civil Liability for Nuclear Damage Rules, 2011, AERB also has
the responsibility of notifying the occurrence of any nuclear incident.
The constitution of AERB together with the Atomic Energy (Radiation Protection) Rules,
2004, has mandated AERB to develop and issue safety codes and standards and to develop
safety policies in radiation and industrial safety areas.
In accordance with these, AERB has issued a number of Safety Codes and Standards, wherein
the policy objectives and the safety requirements applicable to the respective areas are
established. AERB has a mission statement that defines its highest level objectives with
respect to safety. The Safety Codes and Standards of AERB cover the areas of regulation of
nuclear and radiation facilities as well as the safety requirements applicable to the specific
facilities and activities that it regulates. In formulating the safety requirements specified in
these codes and standards AERB takes account of the current scientific and technological
capabilities, operating experience and the applicable international standards and practices. The
process of development of Codes and Standard also provides for obtaining the views of the
stakeholders. While the policy level principles and objectives in these Codes and Standards
seldom undergo change, the specified requirements and criteria for fulfilling these principles
and objectives do evolve according to the change in state of art
AERB has issued a Code of Ethics (2008) which states its Mission and brings out the guiding
principles and the core values to be upheld in its regulatory activities.
The overall policy objectives for radiation safety and industrial safety in relation to the nuclear
and radiation facilities in India are embedded in the Atomic Energy Act, 1962, the Atomic
Energy (Radiation Protection) Rules, 2004, the Atomic Energy (Safe Disposal of Radioactive
Wastes) Rules, 1987, the Atomic Energy (Factories), Rules, 1996, AERB’s Mission
Statement, the Safety Codes, Standards and the Code of Ethics issued by AERB. These
policies will be pursued in the regulation of nuclear and radiation safety in the facilities and
activities coming in the jurisdiction of AERB.
These policies and requirements for nuclear and radiation safety are generally in line with
the requirements of the International Atomic Energy Agency’s (IAEA) standards on
‘Governmental, Legal and Regulatory Framework for Safety, (IAEA GSR Part – 1) and the
IAEA standard ‘Fundamental Safety Principles (IAEA-SF-1).
3.0 POLICIES GOVERNING NUCLEAR AND RADIATION SAFETY
Fundamental objective of AERB is to ensure that the use of ionising radiation and nuclear
energy in India does not cause undue risk to health of people and the environment. Towards
this, the activities related to nuclear and radiation facilities shall be regulated through a
system of regulatory consents that allows activities with stipulated conditions
AERB shall be responsible for ensuring through safety reviews and inspections that the
consented activities of the nuclear and/or radiation facility comply with the safety
requirements and conditions of consent. This however does not diminish the responsibility of
the consentee for safety, who shall be solely responsible for ensuring safety of the nuclear
and/or radiation facility / activity and shall demonstrate that safety is ensured at all times.
The regulatory processes for nuclear and radiation facilities shall have the objectives to
ensure that:
(a) Only such practices are permitted which are justified in terms of their societal and/or
individual benefits,
(b) Radiation protection is duly optimised in all nuclear/radiation facilities,
(c) Radiation doses to the personnel in these facilities, and to the members of the public
in their vicinity, do not exceed the prescribed limits, and
(d) The potential for accidental exposures from the facilities remains acceptably low.
Decisions related to regulatory consent for the facilities / activities shall be based on review
and assessment by the Regulatory Body of the demonstration of compliance to the regulatory
requirements by the applicant for consent. The consent issued by the regulatory body shall
have a validity period. The regulatory process shall have provision for periodic renewal of
consent, for which the review and assessment should ensure that safety of the facility / activity
is judged after comparison with the current safety standards and practices.
The regulatory process shall provide for review and assessment, including conduct of
inspections, of the consented facilities and activities on a continuing basis to ensure that the
facility / activity is being done with due regard to safety and in compliance to the regulatory
requirements and the conditions laid down in the consent.
The regulatory control over the nuclear and radiation facilities shall follow a graded
approach, based on the radiological hazard potential.
All activities pertaining to nuclear and radiation facilities shall be in accordance with
requisite Quality Assurance Programmes, establishing the goals, strategies, plans and
objectives as well as identifying the organisational and individual responsibilities towards
safety. The overall responsibility for establishment, implementation, assessment and continual
improvement of the programme shall be with the consentee.
All nuclear and radiation facilities shall implement appropriate radiation protection
programmes, to ensure safety of occupational personnel, the public and the environment. The
programmes should provide for monitoring of radiation exposures as well as for
environmental surveillance, as necessary.
The radioactive waste generated during operation, maintenance and decommissioning of
nuclear and radiation facilities shall be managed in a safe manner to ensure protection of
human health and the environment from the undue effects of ionising radiation in the present
and in the future, without imposing undue burden on future generations
All nuclear and radiation facilities / activities shall have arrangements for development of
adequate plans and preparedness for responding to emergency situations, for protection of the
occupational personnel, the public and the environment, in accordance with the hazard
potential of the facility / activity.
When a nuclear / radiation facility or radiation generating equipment ceases to be in use, it
shall be ensured that it undergoes safe decommissioning. Remediation of a contaminated site
shall be carried out if the radionuclide concentration exceeds the reference levels specified by
the Regulatory Body.
The Regulatory Body may resort to enforcement actions on the consentee for securing timely
compliance to the regulatory requirements and conditions of consent or corrective actions,
based on review and assessments of the submissions from the consentee and/or findings
during review or inspection. The enforcement options should follow graded approach, taking
account of aspects such as safety significance of the deficiency, seriousness of violations, the
repetitive nature and/or deliberate nature of the violations. The enforcement actions may
include initiation of penal provisions as provided under section 17 of the Atomic Energy Act,
1962.
Radiation exposures resulting from naturally occurring radionuclides present in the human
body, cosmic radiation at the earth surface, unmodified concentrations of radionuclides in
raw materials, except the radioactive materials / waste generated from operation of uranium
and thorium mining and milling facilities, are excluded from regulatory control.
The regulatory body may ‘exempt’ certain sources or practices involving artificial
radionuclides from regulatory control, the radiation exposure from which is too small to
warrant such control. Also certain radioactive materials or radioactive objects arising from /
within the consented practices may be considered for clearance from any further regulatory
control, provided that the continued regulatory control of which would yield no net benefit in
terms of reduction of individual doses or of health risks. The decisions with respect to
exemption and clearance shall be based on the prescribed criteria.
On the issues of Safety, Health and Environment at work place, in relation to the factories
owned by the Central Government and engaged in carrying out the purposes of the Atomic
Energy Act, 1962, the objectives of the “National Policy on safety, health and environment at
work place” issued by the Ministry of Labour and Employment, Government of India and the
provisions of the Atomic Energy (Factories) Rules, 1996 shall prevail.
The Regulatory Body shall take steps as necessary, to keep the public informed on safety
issues of radiological safety significance. It shall also be responsible for notifying to the
public, the ‘extraordinary nuclear events’, occurring in the nuclear facilities in India, as
mandated by the Civil Liability for Nuclear Damage Act, 2010
In the conduct of regulatory activities, the Regulatory Body shall be governed by the
provisions of the ‘Right to Information Act, 2005, as applicable to the ‘public authority’.
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