POLICY AND STATUTORY PROVISIONS
EXPLOITATION OF BEACH SAND MINERALS
GOVERNMENT OF INDIA
2. Policy on Exploitation of Beach Sand Minerals
3. Atomic Energy Act,1962 (some select provisions)
4. Notification dated 15.3.95 relating to Prescribed Substances
under the Atomic Energy Act, 1962.
5. Atomic Energy (Working of the Mines, Minerals and Handling of
Prescribed Substances) Rules1984.
6. Notification dated 17.1.92 appointing Competent Authority under the Atomic Energy
(Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984.
7. Notification dated 15.3.95 appointing Licensing Authority under the Atomic Energy
(Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984.
2. The Statement on Industrial Policy of 1991 retained the industries relating to exploitation of these minerals in the list of industries reserved for the public sector with, however, an enabling provision to allow selective entry of the private sector.
3. The Policy on Exploitation of Beach Sand Minerals notified by the Government of India (Department of Atomic Energy) under Resolution no.8/1(1)/97-PSU/1422 dated 06 October 1998 is in this latter context. A copy of the Resolution is enclosed (Annex I).
4. Also included in this compendium are copies of/extracts from the following Acts/Rules/Notifications which are relevant in the context of the current policy:
(1) Sections 1, 2, 3, 14 & 24 of the Atomic Energy Act, 1962 (Annex II).
(2) Government of India, Department of Atomic Energy, Notification dated 15.03.1995 specifying the prescribed substances in terms of clause (g) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 (Annex III).
(3) Atomic Energy (Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984 (Annex IV).
(4) Government of India, Department of Atomic Energy Notification dated 17.01.1992 notifying Chairman, Atomic Energy Regulatory Board as the Competent Authority for the purposes of the Rules at sr.no.(3) (Annex V).
(5) Government of India, Department of Atomic Energy, Order dated 15.03.1995 appointing Joint Secretary, Department of Atomic Energy, Government of India as the Licensing Authority for the purposes of the Rules at sr.no.3 (Annex VI).
5. Section 14 of the Atomic Energy Act, 1962 and the Rules referred to at sr. no. (3) above are of direct importance to exploitation of beach sand minerals. Questions relating to the contents of this compendium may be addressed to Under Secretary (I&M), Department of Atomic Energy, Anushakti Bhavan, CSM Marg, Mumbai-400 039.
6. It is hoped that this compendium will be useful to all entities dealing with the abovementioned minerals.
Government of India
Department of Atomic Energy
Mumbai, the October 06, 1998
(Published in the Gazette of India, Extraordinary dated 16.10.1988 Part I Section 1)
Subject : Policy on Exploitation of Beach Sand Minerals.
1. India has large reserves of beach sand minerals in the coastal stretches around the country. Ilmenite is the largest constituent of the Indian deposits, others being rutile, leucoxene, zircon, sillimanite, garnet and monazite. The minerals other than garnet and sillimanite have been classified as "prescribed substance" under the Atomic Energy Act, 1962. In accordance with the provisions of the said Act and the Rules/Notification/Orders thereunder, it is mandatory to obtain licence from the designated competent authority in the Department of Atomic Energy for working of any mines and minerals from which prescribed substances can be obtained as well as for acquisition, production, possession, use, disposal, export or import of prescribed substances.
2. Under the Industrial Policy Statement of 1991, the mining and production of minerals classified as "prescribed substances" is reserved for the public sector. However, the Policy Statement also allows selective entry of the private sector. At present, the Indian Rare Earths Limited (IREL), a Government of India (Department of Atomic Energy) undertaking and Kerala Minerals & Metals Ltd. (KMML), a Government of Kerala undertaking are engaged in mining, production and processing of these minerals from the beach sand deposits at a few locations in Orissa, Tamil Nadu and Kerala. Considering the growing demand for these minerals and/or their value-added products in the domestic as well as international markets and the potential available in the country, setting up of new plants for exploitation of the deposits in fresh locations would be in the interest of the country. Production of various value-added products of these minerals is, however, highly capital intensive and it may not be possible for only the PSUs (both Central and State owned) operating in this field to set up the new plants on their own. It is, therefore, necessary to allow the private sector to set up such plants within the framework of some broad guidelines.
3. In view of the background explained above, Government of India has recently approved a policy to encourage further exploitation of these mineral deposits through a judicious mix of public and private sector participation (including foreign investment). The other objectives of the policy are maximisation of value addition to the raw minerals within the country, upgradation of the existing process technologies to international standards, attracting funds and new technology necessary for this purpose through participation of the private sector (domestic and foreign), appropriate dispersal of the new production facilities with an eye on regional balance and regulating the rate of exploitation of the reserves by the facilities such that the exploitable reserves last for about hundred years without, of course, adversely affecting the investors’ techno-economic considerations regarding plant size, etc.
4 (a) With these objectives in view, the activities in this field have been placed in three categories :
(i) Mining and mineral separation.
(ii) Value addition per se to the products of (i).
(iii) Integrated activities (comprising both (i) and (ii)).
(b) Participation of wholly Indian owned companies will be permitted in all the abovementioned categories of activities, with or without joint venture with the Central or State Government(s) concerned or any existing or new Central/State PSUs.
(c) Foreign direct investment, particularly with more advanced/latest technology vis-a-vis what is being used by the domestic entities currently operating in the field, will be permissible in pure value addition projects (category in para. 4(a) (ii), i.e., without mining and mineral separation) as well as integrated projects (category in para. 4(a) (iii), i.e., comprising both mining & mineral separation and value addition).
(c)(i) Upto seventy four percent (74%) foreign equity participation will be permissible in both pure value addition and integrated projects, provided the level of value addition is the maximum according to the prevailing international standards/levels of value addition to the products of mining and mineral separation of beach sand minerals. For this purpose, the comparison of the proposed level(s) of value addition in a new project with the corresponding level(s) of value addition would primarily be in respect of the predominant product of mining and mineral separation in the case of an integrated project and in respect of the predominant product of value addition in the case of a pure value addition project, if multiple value addition products are envisaged.
(c)(ii) For pure value addition projects as well as integrated projects with value addition upto an inter mediate stage (i.e., lower than the maximum level of value addition as per the prevalent international industrial standards but higher than mining and mineral separation), foreign equity participation would be permitted upto seventy four percent (74%) through the instrument of joint venture company(ies) with Central/State PSUs such that the independent equity holding of at least one PSU (where more than one PSU are participants) is not less than twenty six percent (26%) of the total equity.
(c)(iii) In exceptional cases where foreign equity participation above seventy four per cent (74%) is unavoidable, approval will be subject to the clearance of the Atomic Energy Commission.
(d) Other things being equal, preference will be given to such (pure value addition or integrated) projects which assure international standards of value addition in respect of not only the predominant but also one or more of the other products. Similarly, projects which maximise foreign exchange earnings through export of value added products which do not have significant demand in the domestic market or are in excess of the domestic demand at the relevant time will be preferred.
(e) In the case of joint ventures with Central/State PSUs, important operational aspects like the minimum number of PSU representatives on the Board of Directors, marketing arrangements for products so as to minimise the possibility of undue advantage to any of the private partners, etc., will be clarified, at the stage of drawing up joint venture agreements, with the prior concurrence of the administrative Ministry/Department concerned of the appropriate Government (Central/State). Final approval of joint venture projects with Central /State PSUs in any category of activities mentioned in paragraph 4(a) above will continue to require approval of the appropriate Government (Central/State) in accordance with the Government policy in force at the relevant time.
(f) If monazite is produced in the process of exploitation of beach sand minerals, such monazite shall be disposed of by the entity concerned, at its cost, in accordance with the instructions/directives of the Atomic Energy Regulatory Board or any person/body authorised by the competent authority in accordance with the provisions of the Atomic Energy Act and the Rules and Orders thereunder.
(g) The provisions of the Atomic Energy Act and the Rules and Orders thereunder will continue to apply to the exploitation of beach sands minerals, including their import/export, to the extent such minerals are notified as prescribed substances and require licensing under the said provisions. The mining leases under the Mines and Minerals (Regulation & Development) Act will continue to be granted by the State Government(s) concerned.
(h) All cases of foreign direct investment in activities relating to exploitation of beach sand minerals, whether or not such minerals per se are notified as prescribed substances under the provisions of the Atomic Energy Act, will continue to be processed for approval and regulated in accordance with all other guidelines, norms, stipulations, etc., of the Central Government (Ministry of Industry, Ministry of Finance, etc.) and the Reserve Bank of India, to the extent that these other guidelines, etc., are not inconsistent with the guidelines detailed in this policy.
(i) While the procedures for and approval requirements of industrial projects, as generally laid down by the Central Government from time to time, will be also applicable to industrial projects for exploitation of beach sand minerals, prior consultation with and securing concurrence of the Department of Atomic Energy (by the nodal Ministry / Department of the Central / State Government concerned dealing with/piloting the relevant proposals for such industrial projects) will be necessary wherever such projects involve minerals which are either notified as prescribed substances or are produced alongwith other prescribed substances under the Atomic Energy Act, 1962.
(j) Subject to the broad guidelines set forth in the foregoing paragraphs, the selection of companies/entrepre- neurs for setting up projects/plants for exploitation of beach sand minerals in the private/joint sector would be left to the State Government concerned. However, where a central PSU (at present only the Indian Rare Earths Limited in this field) is one of the proposed partners in the joint venture, the matter would also be referred to the Department of Atomic Energy for prior consultation and concurrence.
5. For better appreciation of the relevant statutes/rules on the subject, the following provisions may be referred to :
(1) Atomic Energy Act, 1962 in general with more specific reference to sections 1,2 & 14.
(2) Atomic Energy (Working of Mines, Minerals and Handling of Prescribed Substance) Rules, 1984.
(3) Government of India, Department of Atomic Energy Notification No. S.O. 212 (E) dated March 15,1995giving a list of prescribed substances.
(4) Government of India, Department of Atomic Energy Order No. S.O. 213 (E) dated March 15, 1995 relating to appointment of Licencing Authority under the Atomic Energy (Working of Mines, Minerals and Handling of Prescribed Substances) Rules, 1984.
THE ATOMIC ENERGY ACT, 1962
NO. 33 OF 1962
(Some select provisions)
Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows :-
1. Short title, extent and commencement
(1) This Act may be called the Atomic Energy Act, 1962.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definition and interpretation
(1) In this Act, unless the context otherwise requires -
(a) "atomic energy" means energy released from atomic nuclei as a result of any process, including the fission and fusion processes;
(b) "fissile material" means uranium-233, uranium-235, plutonium or any material containing these substances or any other material that may be declared as such by notification by the Central Government;
(bb) "Government Company" means a company in which not less than fifty one percent of the paid up share capital is held by the Central Government;
(c) "minerals" include all substances obtained or obtainable from the soil (including alluvium or rocks) by underground or surface working;
(d) "notification" means notification published in the Official Gazette;
(e) "plant" includes machinery, equipment or appliance whether affixed to land or not;
(f) "prescribed equipment" means any property which the Central Government may, by notification, prescribe, 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 utilisation of atomic energy, radioactive substances, or 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;
(g) "prescribed substance" means any substance including any mineral which the Central Government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives or compounds or any other materials containing any of the aforesaid substances;
(h) "radiation" means gamma rays, X-rays, and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and sub-atomic particles, but not sound or radiowaves, or visible, infrared or ultraviolet light;
(i) "radioactive substance" or "radioactive material" means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the Central Government.
(2) 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.
(3) Any reference in this Act to the production or use of atomic energy shall be construed as including a reference to the carrying out of any process, preparatory or ancillary to such production or use.
3. General powers of the Central Government
Subject to the provisions of this Act, Central Government shall have power -
(a) to produce, develop, use and dispose of atomic energy either by itself or through any authority or Corporation established by it or a Government company and carry out research into any matters connected therewith;
(b) to manufacture or otherwise produce any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy or such research as aforesaid and to dispose of such prescribed or radioactive substance or any articles manufactured or otherwise produced.
(bb) (i) to buy or otherwise acquire, store and transport any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy; and
(ii)to dispose of such prescribed or radioactive substance or any articles bought or otherwise acquired by it either by itself or through any authority or corporation established by it, or by a Government company;
(c) to declare as "restricted information" any information not so far published or otherwise made public relating to -
(i) the location, quality and quantity of prescribed substances and transactions for their acquisition, whether by purchase or otherwise, or disposal, whether by sale or otherwise;
(ii)the processing of prescribed substances and the extraction or production of fissile materials from them;
(iii) the theory, design, construction and operation of plants for the treatment and production of any of the prescribed substances and for the separation of isotopes;
(iv)the theory, design, construction and operation of nuclear reactors; and
(v)research and technological work on materials and processes involved in or derived from items (i) to (iv);
(d) to declare as "prohibited area" any area or premises where work including research, design or development is carried on in respect of the production, treatment, use, application or disposal of atomic energy or of any prescribed substance;
(e) to provide for control over radioactive substances or radiation generating plant in order to —
(i) prevent radiation hazards;
(ii) secure public safety and safety of persons handling radioactive substances or radiation generating plant; and
(iii) ensure safe disposal of radioactive wastes;
(f) to provide for the production and supply of electricity from atomic energy and for taking measures conducive to such production and supply and for all matters incidental thereto either by itself or through any authority or corporation established by it or a Government Company;
(g) to do all such things (including the erection of buildings and execution of works and the working of minerals) as the Central Government considers necessary or expedient for the exercise of the foregoing powers.
14. Control over production and use of atomic energy
(1) The Central Government may, subject to such rules as may be made in this behalf and by order prohibit except under a licence granted by it —
(i) the working of any mine or minerals specified in the order, being a mine or minerals from which in the opinion of the Central Government any of the prescribed substances can be obtained;
(ii) the acquisition, production, possession, use, disposal, export or import —
(a) of any of the prescribed substances; or
(b) of any minerals or other substances specified in the rules, from which in the opinion of the Central Government any of the prescribed substances can be obtained; or
(c) of any plant designed or adopted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith; or
(d) of any prescribed equipment.
(2) Nothing in this section shall affect the authority of the Central Government to refuse a licence for the purpose of this section or to include in a licence such conditions as the Central Government thinks fit or to revoke a licence and the Central Government may take any action as aforesaid.
(3) Without prejudice to the generality of the foregoing provisions, the rules referred to in this section may provide for —
(a) the extent to which information in the possession of, or which has been made available to, the person granted a licence for purposes of this section, should be regarded as restricted information;
(b) the extent to which the area or premises under the control of the person to whom a licence has been granted for purposes of this section, should be regarded as a prohibited area;
(c) the conditions and criteria for location of any installation or operation of any plant in respect of which a licence has been granted or is intended to be granted for the purposes of this section including those necessary for protection against radiation and safe disposal of harmful by-products or wastes;
(d) the extent of the licensee’s liability in respect of any hurt to any person or any damage to property caused by ionising radiations or any radioactive contamination either at the plant under licence or in the surrounding area;
(e) provision by licensee either by insurance or by such other means as the Central Government may approve, of sufficient funds to be available at all times to ensure settlement of any claims in connection with the use of the site or the plant under licence which have been or may be duly established against the licensee in respect of any hurt to any person or any damage to any property caused by ionising radiations emitted at the plant under licence or radioactive contamination either at the plant under licence or in surrounding areas;
(f) obligatory qualifications, security clearances, hours of employment, minimum leave and periodical medical examination of the persons employed and any other requirement or restriction or prohibition on the employer, employed persons and other persons; and
(g) such other incidental and supplementary provisions including provisions for inspection and also for the sealing of premises and seizure, retention and disposal of any article in respect of which there are reasonable grounds for suspecting that a contravention of the rules has been committed, as the Central Government considers necessary.
(4) The Central Government may also prescribe the fees payable for issue of licences under sub-section (1).
24. Offences and Penalties
(1) Whoever —
(a) contravenes any order made under section 14 or any condition subject to which a licence is granted under that section; or
(b) contravenes any rules made under section 17 or any requirement, prohibition or restriction imposed under any such rule; or
(c) obstruct any person authorised by the Central Government under sub-section (4) of section 17 in the exercise of powers under that sub-section; or
(d) contravenes sub-section (2) of section 18;
shall be punishable with imprisonment for a term which may extent to five years, or with fine, or both.
(a) fails to comply with any notice served on him under section 5 or with any terms and conditions that may be imposed on him under that section; or
(b) fails to comply with any notice served on him under section 7 or knowingly makes any untrue statement in any return or statement made in pursuance of any such notice; or
(c) obstructs any person or authority in the exercise of powers under section 8 or 9; or
(d) contravenes any other provision of this Act or any order made thereunder;
shall be punishable with imprisonment for a term which may extent to one year, or with fine, or with both.
Government of India
Department of Atomic Energy
N O T I F I C A T I O N
S.O. 212(E) : In pursuance of Clause (g) of sub-section (1) of Section 2 of the Atomic Energy Act, 1962 (33 of 1962), and in supersession of the notification of the Government of India in the Department of Atomic Energy No.7/2(2)/75-(P) dated the August 21, 1975 the Central Government hereby prescribes the substances specified in the Schedule appended below as substances which in its opinion are or may be used for the production or use of atomic energy or research into matters connected therewith. This notification will be effective from 1st April, 1995.
1. Uranium, its compounds and minerals/ores/concentrates containing uranium including tailings containing uranium.
2. Thorium, its compounds and minerals/concentrates containing thorium including monazite.
3. Zirconium, its alloys and compounds and minerals/concentrates including zircon.
4. Beryllium, its compounds and its minerals/concentrates including Beryl but excluding Beryllium windows used for medical x-rays machines and gamma ray machines.
5. Lithium, its compounds and its minerals/concentrates including Lepidolite.
6. Deuterium and its compounds.
7. Plutonium and its compounds.
8. Neptunium and its compounds.
9. Columbite and Tantalite.
10. Titanium ores and concentrates (Ilmenite, Rutile, Leucoxene).
11. Nuclear grade graphite.
12. Tritium and its compounds.
ATOMIC ENERGY (WORKING OF THE MINES, MINERALS AND HANDLING OF PRESCRIBED SUBSTANCES) RULES, 1984
In exercise of the powers conferred by section 14 read with clauses (e), (g) and (1) of sub-section (2) of section 30 of the Atomic Energy Act, 1962 (33 of 1962), the Central Government hereby makes the following rules :
1. Short title, extent and commencement
(1)These rules may be called Atomic Energy (Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984".
(2)These rules extend to the whole of India including her territorial waters.
(3)These rules shall come into force on the date of their publication in the official gazette.
In these rules, unless the context otherwise requires :
(a) "Act" means the Atomic Energy Act, 1962 (Act 33 of 1962).
(b) "adequate protection" means protection against radiation, and other physical and chemical agents, such that the operational limits of levels of radiation or contamination or concentration of radioactive as well as non-radioactive toxic substances are not exceeded.
(c) "competent authority" means any officer or authority appointed by the Central Government by notification for the purpose of these rules.
(d) "contamination" means the presence of radioactivity at any place that may be specified by the competent authority by notification for the purposes of these rules.
(e) "employee" means any person employed, including an employer who is self employed, for carrying on the mining, milling, processing, and/or handling of prescribed substances.
(f) "employer" means any person who employs or who is self-employed as the only employee.
(g) "facility" includes a device or an equipment or a place of operation.
(h) "Factories Rules" means the Factories (Atomic Energy) Rules, 1983.
(i) "handle" includes manufacture, possess, store, use, transfer by sale or otherwise, export, import, transport or dispose of.
(j) "Form" means the form annexed to these rules.
(k) "Installation" means any mine, mill, processing plant or handling facility including all necessary auxiliary facilities thereof in respect of which a licence has been issued by the Licensing Authority.
(l) "licencee" means any person who has been granted a licence for mining, milling, processing and/or handling of prescribed substances, under the Act or Rules made thereunder.
(m) "Licensing authority" means an officer or authority appointed by the Central Government by notification for the purposes of these rules.
(n) "milling" includes crushing, pulverising, sieving, processing chemically or otherwise of the ores or minerals or chemical concentrates of prescribed substances.
(o) "mine" has the same meaning as defined in the Mines Act (XXXV of 1952).
(p) "occupational hazard" means the risk in the occupation which, if not controlled, may affect the health, safety and well being of the employees.
(q) "person" includes —
(i) any individual, corporation, association of persons whether incorporated or not, partnership, estate, trust, private or public institution, group, government agency or any state or any political subdivision thereof or any political entity within the state, any foreign government or nation or any political subdivision of any such government or nation or other entity;
(ii) any legal successor, representative and agent of each of the foregoing.
(r) "radiation monitoring" means periodic or continuous determination of the amount of radiation or contamination for the purpose of health protection.
(s) "safety officer" means any person duly qualified and employed for the purpose of carrying out duties as prescribed under these rules.
(t) "toxic gas" means any gas the inhalation of which may result in adverse health conditions.
(u) "toxic substance" means any substance the intake of which may result in adverse health conditions.
(v) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Licence for mining, milling, processing and/or handling of prescribed substances
(1) No person shall mine, mill, process and/or handle any ore mineral or other material from which any one or more of the prescribed substances can be extracted, without obtaining a licence in Form B from the Licensing Authority and except in accordance with the terms and conditions of such licence:
Provided that, any person already engaged in mining, milling, processing and/or handling of prescribed substances at the time these rules came into force, shall within a period of six months from the date of these rules coming into force, make an application in Form "A" to the Licensing Authority for the issue of the requisite licence:
Provided further that the applicant may continue the operations until the Licensing Authority takes a decision on his application and thereafter he shall abide by the decision.
4. Conditions precedent to the issue of a licence
(1) An applicant for a licence shall make a written application for the issue of a licence in the Form A.
(2) Every application shall be accompanied with a fee of rupees five hundred which will be non-refundable.
(3) Alongwith the application for licence, the applicant shall furnish the following information as may be applicable and relevant to the operation intended :-
(i) the purpose of the operation;
(ii) a description of the organisational set up;
(iii) topographic details pertaining to the operation including —
(a) a general map of the region, extending to a radius of 30 km around the site (1:63360 or any other appropriate scale) showing therein the natural features such as rivers, streams, wells, natural springs, villages, fields, etc.;
(b) a site plan in detail covering the area within the boundary of the operation (1:500 or any other appropriate scale); and
(c) a plan of the installation (1:50 or any other appropriate scale);
(iv) demographic data giving the approximate population density, general occupation of the people, etc. around the site of operation within a radius of 5 km.
(v) any available seismic data of the region;
(vi) details of location, type and nature of other industries in the region, within a radius of 5 km;
(vii) essential details of operation such as mining methods, milling and concentrating procedures (whether physical beneficiation or chemical extraction/concentration), process flow sheet, and/or handling procedures;
(viii) details of the layout of the mine/mill/ processing plant/handling facility, showing points of generation of dust, fumes, toxic gases, liquid effluents and solid wastes which contains radioactive and/or toxic substances;
(ix)details of the ventilation system-general as well as local, keeping in view rule 4(3) (iii), (iv) and (vii) above;
(x) locations of storage of prescribed substances, details of major handling equipment and nature of operations in each area of the installation;
(xi) details of methods and equipment available to contain and control the spread of surface contamination in the installation;
(xii) details of safety devices incorporated in the equipment and installation for prevention of criticality accidents, control of contamination of personnel and area and radiation exposure of personnel;
(xiii) details of protective clothing and appliances available for preventing/minimising risks of contamination and inhalation of airborne activity and toxic substances;
(xiv) details of facilities and areas set apart for decontamination operations, wherever risk of contamination exists;
(xv) details of facilities of personnel, area and environmental monitoring for assessment and control of radiation exposure and contamination/ including internal contamination of personnel under normal as well as abnormal or accident conditions;
(xvi) a complete safety evaluation of the installation including an analysis of potential accidents, measures proposed to be taken for their prevention, and measures that will be taken in the unlikely event of such accidents;
(xvii) details of methods of treatment and management of wastes from the installations to ensure that normal operational limits of discharge in respect of wastes containing prescribed substances as may be laid down from time to time are not exceeded;
(xviii) details of locations of short term/long term/ permanent storage of liquid/solid wastes, —
(a) Where disposal/retention of wastes in geological formations or man made impoundment system is envisaged, the details shall include the geological and hydrological characteristics of the proposed sites of disposal/retention. Details shall also include drawings of layout of containment system in plan, typical cross sections of all embankments and other pertinent design criteria and if applicable, details of anticipated extension. Details of embankment design shall include information on height, top walk, side slope, seepage control and protection of embankment surface from erosion;
(b) Where short term/long term storage in appropriate metallic or other containers either on surface or underground, pending final disposal, is envisaged, the details of design shall include, the type of containment vessel, stress analysis as per code requirements, dimension, proposed additions, inspection and testing, leak test and proof tests;
(c) In all cases of containment/storage, the details shall include a safety analysis of the systems, giving an evaluation of conditions that might lead to an accidental release of wastes, the probable environmental impact of such release and proposed programme of inspection and maintenance to prevent such accidental occurrence and emergency procedures which will be adopted for the protection of the employees/public in the unlikely event of accidental releases whether limited or extensive;
(xix) proformae for, —
(a) maintaining full and uptodate inventory of prescribed substances in the installation;
(b) maintaining complete records of production, consumption and loss of prescribed substances in normal operations;
(c) maintaining records of losses of prescribed substances arising out of accidents or abnormal incidents;
(xx) Any other relevant information/clarification the Licensing Authority may require.
(4) Along with the application for licence, the applicant shall undertake in writing, to —
(i) satisfy the requirements of radiation and industrial safety regarding planning, design and operation of his installation;
(ii) not to modify the installation without prior approval of the Licensing Authority except in an emergency in which case such modifications shall be communicated to the Licensing Authority immediately for his decision;
(iii) confine all the operations only to the licensed installation/s;
(iv) obtain prior permission and directions from the Licensing Authority for disposal of prescribed substances and from the Competent Authority for disposal of radioactive wastes;
(v) make available adequate staff and qualified personnel at all times to perform the normal operations safely, for dose evaluation and for management of potential accidents and in the events of abnormal occurrences, for adequate medical supervision of staff;
(vi) employ duly qualified/experienced Safety Officer and in addition for operations involving radioactivity a duly qualified/experienced Radiological Safety Officer as specified in these rules.
5. Inspection of site
The Licensing Authority or his representative/s may inspect the site of proposed operation in order to ascertain that the information furnished by the applicant is correct and complete.
6. Qualification of the staff
(1)No employer shall appoint any person as the Radiological Safety Officer, unless he possesses the following qualifications and experience;
(i) a basic degree in Physics from a recognised University;
(ii) a postgraduate diploma/degree in radiological physics from a recognised institution;
(iii) an experience of 5 years of discharging under a certified Radiological Safety Officer the duties and functions outlined in Rule 8;
(iv) a certificate from the Competent Authority as Radiological Safety Officer;
(2) No employer shall appoint any person as the Safety Officer unless he possess the following qualifications and experience :-
(i) a degree in any branch of engineering or technology, and practical experience of working in any mine in a supervisory capacity for a period of not less than 2 years; or a degree in physics or chemistry or a diploma in any branch of engineering or technology with a practical experience of working in any mine in supervisory capacity for a period of not less than 5 years; and
(ii) a diploma in industrial safety.
7. Duties and responsibilities of the licensee
(a) A licensee shall not employ any person under the age of 18 years in an installation:
(b) He shall ensure that the operation of the installation is carried out strictly in accordance with the terms and conditions of the licence:
(c) He shall ensure that the general requirements of radiation and industrial safety are complied with:
(d) He shall not modify the installation/process/flow sheet without prior approval from the Licensing Authority:
(e) He shall confine his operations only to the licensed installation:
(f) He shall provide adequate staff at all time in order to ensure safety of normal operations, for dose evaluation, for management of accidents, if any, and for medical care and attention of the employees:
(g) He shall ensure that adequate protection is provided at all time to safeguard the health and safety of the employees:
(h) He shall ensure that regular radiation monitoring of the installation as well as of radiation workers is carried out and their records maintained:
(i) He shall ensure that adequate precautions are taken to prevent environmental pollution due to the operation of the installation, beyond permissible limits as may be specified by the Licensing Authority from time to time:
(j) He shall arrange for pre-employment and post-termination/retirement medical examination of all employees. The pre-employment medical examination in the case of radiation workers and workers in mine shall include a comprehensive documentation of the respective employee’s medical history, history of previous employment, radiation exposure and chronic exposure to any specific environment such as silica dust. A person shall be employed only after such pre-employment medical examination and after being found fit for the employment. He shall arrange for annual medical examination of such workers during their service which shall include chest X-ray at least once in five years, general laboratory investigations such as examination of blood and excreta, and special investigation such as examination of skin, hands, fingers, finger nails, ears and eyes.
(k) He shall maintain complete and uptodate records of personal, medical and occupational histories of radiation workers and workers in mines in such form as may be prescribed by the Competent Authority.
(l) He shall send relevant excerpts from the records maintained by him, on demand, to the Licensing Authority in a form as may be specified by the Licensing Authority.
(m) He shall ensure that all employees are properly instructed as to the hazards involved in their work and the precautions to be taken by them for their safety and the safety of their fellow workers. He shall prepare necessary operating instructions for each unit.
(n) He shall in consultation with the Safety Officer and the Radiological Safety Officer chalk out an emergency plan which will lay down instructions for the guidance of the employees in the event of emergency and/or accident conditions and shall get the plan approved by the Competent Authority. He shall conduct periodic training and drills to ensure that all employees are familiar with the emergency plan. The emergency plan and the result of the drills shall be reviewed from time to time.
(o) He shall obtain reports on unusual occurrences and accidents from the radiological safety officer and the safety officer and send them to the Licensing Authority and the Competent Authority in Form C appended to these rules.
(p) He shall notify any theft or loss of prescribed substances from his custody to the Licensing Authority as soon as the loss is discovered.
(q) He shall employ a qualified Safety Officer and a Radiological Safety Officer and be guided by them in all matters of industrial and radiological safety of the staff and the installation. He shall provide them with staff and facilities to carry out their duties effectively. The safety officer and radiological safety officer may be one and the same person, if he possesses the required qualifications to carry out the duties of both the posts.
(r) He shall provide the facility of periodic inspection of the installation to the Licensing Authority or his representatives.
8. Duties and responsibilities of the Radiological Safety Officer
The Radiological Safety Officer shall advise the employer on all matters connected with radiological safety of the employees, and the public residing in the vicinity of the installation, and in doing so he shall be guided, in general, by the provisions of the Radiation Protection Rules, 1971.
9. Duties and responsibilities of the Safety Officer
(a) The Safety Officer shall advise the employer on all matters connected with industrial safety and industrial hygiene.
(b) He shall periodically inspect the places of work to ensure that the equipment are adequate and in good working order and that safe procedures are adopted by the employees during work. He shall ensure that unsafe conditions do not prevail in the places of work.
(c) He shall periodically inspect personal protective equipment (like hand gloves, helmets, goggles etc.) to ensure that they are fit for use.
(d) He shall periodically inspect emergency safety kits and ensure that they are fit for use in an emergency.
(e) He shall investigate all accidents, near accidents including those in which no person is involved, and recommend to the employer, measures of preventing recurrence of such accidents.
(f) He shall collect accident statistics and analyse them according to standard procedures, for reviewing the safety status of the installation.
(g) He shall conduct periodic ventilation survey in the installation to ensure that the ventilation is satisfactory.
(h) He shall carry out noise level survey, illumination survey, survey for airborne toxic substances and any other survey relating to industrial hygiene and ensure that the employees work in a safe atmosphere.
(i) He shall ensure that the provisions of Factories (Atomic Energy) Rules, 1983 are complied with.
If any employee suffers an injury, disease or disablement arising out of the mining, milling, processing or handling of prescribed substances, the employer shall be liable for the payment of compensation in accordance with and to the extent of the provisions of the Workmen’s Compensation Act, 1976 (No.65 of 76).
11. Restriction on disclosure of information
No person shall without the permission in writing of the Licensing authority or an officer authorised by the Licensing Authority communicate to any person orally or by means of any document, drawing, photograph, plan, model or otherwise any information whatsoever, that discloses, describes, represents or illustrate the mining/milling/ processing and/or handling of prescribed substances.
If in the opinion of the Licensing authority, a licensee fails or neglects to comply with the provisions of these rules and the terms and and conditions of the licence, the Licensing Authority may, after issuing to the licensee a notice in writing requiring him to show cause why his license may not be suspended/or cancelled and after considering the representation, if any of the licensee, and after recording reasons may suspend or cancel the licence. Such suspension or cancellation shall be without prejudice to any other action that may be taken, against the licensee under the provisions of the Act or rules framed thereunder.
(1) An appeal shall lie against any order of suspension or cancellation of a licence by the Licensing Authority to the Central Government.
(2) Every appeal shall be in writing and shall be accompanied by a copy of the order appealed against and shall be presented within thirty days of the communication of the said order.
Government of India
Department of Atomic Energy
1.* Name of the applicant :
2. Address of the applicant :
3. Installation for which :
licence is being applied for
4. Name and designation of the :
Head of the Installation
5. Names of the individuals who :
are entrusted with administration
of radiation protection and industrial
safety at the installation
6. Proposed date of starting :
7. Are the workers provided :
with facilities of
i) External Monitoring
ii) Internal Dosimetry
iii) Industrial hygiene
and safety and
iv) Medical surveillance
Complete address of the applicant and the installation with telephone numbers (during and outside office hours), telegraphic address and telex numbers, if any, may please be furnished in the space provided below.
Name of the person in-charge
Academic qualifi cations
Type of training or experience
When and where the training and experience were gained
Duration of training and experience so far
Maximum amount of prescribed substances handled
9. (A) Particulars of operations for which this application is made (add extra pages, if necessary)
Type of operations involving prescribed substances
Estimated reserves of prescribed substances (in case of mining operations)
Physical and chemical form of initial material
Physical and chemical form of end product
Concentration of feed prescribed substance in feed material
Percentage recovery of prescribed substance
Annual Production/ quantity handled per year
purpose for which prescribed substance is to be recovered.
9. (B) Particulars of tailings and effluents generated (add extra pages, if necessary)
Estimate of tailing produced annually
Method of treatment of tailings
Method and location of final disposal of tailings
Estimate of volume of effluents produced annually (Describe effluents)
Method of treatment of effluents
Method and location of final disposal of effluents
Monitoring Systems provided in the pathways of
10. Details of staff available in various departments including the safety and medical departments:-
Department Technical Skilled Unskilled
11. (A) If operations are to be carried out in a plant, please indicate as appropriate-
i) The Plant is yet to be built
ii) Plant is already built and equipped
iii) Existing plant is to be modified as per details enclosed
(B) If mining operations are to be carried out - please indicate type of mining Opencast/ Underground
* 12. Relevant background information pertaining to the current operations (when existing operations are to be regularised by this application)
* 13. Detailed information relating to proposed operations (new applicants):-
a) Information on operation sites, their environment and other relevant details.
b) Details of procedures and processes that will be used for mining, milling and/or for handling the minerals and materials containing the prescribed substances.
c) Details of safety and monitoring equipment provided in the installation (furnish details and technical specifications including those of portable instruments).
d) Information regarding transport of prescribed substances from one site of operation to another site.
i) Container details
ii) Mode of transport
e) Details of assessment of radiation and other health hazard to the local population during normal operations and methods for monitoring and controlling such hazards.
f)Brief assessment of maximum credible hazard to local population in the event of an accident and proposed remedial action.
* 14. List of equipment (along with their specifications) available with the associated laboratories where the prescribed substances will be handled. (Please give details of equipment under each category).
A) Handling Equipment : (e.g. remote control tongs, pipettes, etc.)
B) Protection Devices : (i.e. lead bricks, rubber gloves, respirators etc.)
C) Laboratory Accessories : (e.g. stainless steel trays/ sinks, foot operated waste bins, fume hoods, glove boxes, etc.)
D) Radiation Detection/Measurement Equipment : (e.g. area survey meters, contamination monitors, air samplers, counters, etc.)
E) Details of storage facilities provided for the prescribed substances.
F) Details of ventilation facilities incorporated in the installation.
15.Proposed procedures for treatment and disposal of radioactive and other hazardous wastes (solid, liquid and gases).
16. Radiation safety measures which will be taken at the time of termination of work.
i) Proposed date of completion of work.
ii) Steps that will be taken to restore normal conditions at site, on termination of operations.
17. Please enclose :
i) TOPOGRAPHICAL MAP of the area
(1:63360 scale) extending to a radius of 30 Km all around the site, showing the natural features, nature of habitation and land utilisation in the area.
ii) A SITE PLAN of the installation (1:500 scale)
iii) ARCHITECTURAL BLUEPRINTS (1:50 scale) showing the layout of equipment and processes in the individual buildings.
18. Any additional relevant information which the applicant may like to furnish in support of his application.
19. I hereby certify that,
(a) all the statements made above are correct to the best of my knowledge and belief.
(b) no operations will be carried out for purposes other than those specified under item 9 of this form.
(c) prescribed substances will not be moved from the authorised place without prior approval of the Licensing Authority.
(d) prescribed substances will be transported only in accordance with the relevant safety regulations.
(e) full facilities will be accorded by us to any authorised representative of the Competent Authority or the Licensing Authority to inspect the installations at any time.
(f) radiation surveillance and medical surveillance of all persons engaged in radiation work, as required by the Competent Authority will be duly carried out.
(g) the prescribed substances will not be sold, rented or transferred to any other person, without prior approval of the Competent Authority and the Licensing Authority.
(h) all recommendations that may be made from time to time by the Competent Authority in respect of radiation safety measures will be duly implemented.
(i) duly qualified/experienced Safety Officer/Radiological Safety Officer will be appointed before the commencement of the operations.
(j) any changes in the personnel listed in this application will be intimated forthwith to the Licensing
Date : ______________
Please use this checklist to ensure the form has been filled in correctly:
Government of India
Department of Atomic Energy
Licence for Mining & Milling of Minerals containing Prescribed Substances and for Handling such Substances
Mr./Messrs of _____________________________
having undertaken to comply with the conditions prescribed in the Working of the Mines, Minerals and Handling of Prescribed Substances Rules, 1983, and any orders issued thereunder and having paid the prescribed licence fee is/are hereby authorised for mining/milling/handling of prescribed substances as described in the application for licence.
This licence is issued on ________________ and shall be valid upto _______________ subject to the conditions printed overleaf.
(Seal of Office)
CONDITIONS OF LICENCE
1. This licence may be suspended or cancelled, if any declaration made or information given in the application therefor is found to be false or if any undertaking given in such application is not carried out.
2. No operations shall be carried out for purposes other than those specified under item 9 of the application form.
3. Prescribed substances will not be moved from the authorised installation without prior approval of the Licensing Authority.
4. Prescribed substances shall be transported only in accordance with the relevant safety regulations.
5. Full facilities shall be accorded to any authorised representative of the Licensing Authority to inspect the installation at any time.
6. The prescribed substances shall not be sold, rented or transferred to any other person, without prior approval of the Licensing Authority.
7. Duly qualified/experienced Safety Officer and Radiological Safety Officer shall be appointed before the commencement of the operations.
8. Any changes in the personnel listed in this application shall be intimated forthwith to the Licensing Authority.
9. No modifications in the installation shall be made without prior approval of the Licensing Authority.
10. Medical and radiation surveillance shall be provided for the employees.
11. The Radiological Safety Officer and the Safety Officer shall be provided with requisite facilities to discharge their duties and functions.
12.Information on unusual incidents and accidents shall be sent to the Licensing Authority forthwith.
13.Appropriate records of operations, inventory of prescribed substances and of routine surveillance and disposal of wastes shall be maintained.
14.Information pertaining to operations of mining, milling or otherwise handling of prescribed substances shall not be transferred to any unauthorised person.
15.The technical specifications and the operating conditions as described in the application, shall be maintained under all normal conditions.
16.The conditions attached to this licence as attachments No.1 to No.____ shall be binding on the licensee.
17. A licence shall be valid for a period of three years from the date of issue of the licence.
Government of India
Department of Atomic Energy
Format for Reporting to the Licensing Authority/Competent Authority Unusual Occurrences and Accidents
1. Name and address of the Installation :
2. Site of unusual occurrence :
3. Type of radiation installation :
4. Date & time of occurrence :
5. Date & time of receiving information :
6. Date(s) of visit of RSO/SO to the site of :
7. Detailed account of the nature of occurrence, :
equipment involved and extent of hazard
8. Action taken on site & result :
9. Maximum radiation and contamination :
levels found in the area involved
10. Names of the individuals
involved and the details of
received by them (including the
officers) investigating the occu-
rrence and attending to the incident)
Name of (Annual) Cummulative
the person cummulative dose after
dose before the incident
11. Details of immediate :
medical aid and treatment
12. If the accident involved :
any disabling injuries,
give the names of such
13. Comments and recommenda- :
tions by the investigating
officers on the unusual
14. If potential hazards to :
the public, plant or env-
ironment are involved,
state what steps are
recommended to avoid such
hazards and to prevent
recurrence in future
15. General observations :
Signature of Radiological Safety Signature of Employer
Officer /Safety Officer (Name of Employer)
(Name of RSO/SO) Seal of Office
Government of India
Department of Atomic Energy
N O T I F I C A T I O N
S.O. : In exercise of the powers conferred by clause (c) of rule 2 of the Atomic Energy (Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984, and in supersession of the notification of the Government of India in the Department of Atomic Energy No.S.O. 1227 dated February 3, 1988, the Central Government hereby appoints the Chairman, Atomic Energy Regulatory Board of the Atomic Energy Commission, as the "competent authority" to exercise the powers conferred on the competent authority by the said rules.
Government of India Press,
Ring Road, New Delhi.
Government of India
Department of Atomic Energy
O R D E R
S.O. 213 (E) : In exercise of the powers conferred by clause (m) of rule 2 of the Atomic Energy (Working of the Mines, Minerals and Handling of Prescribed Substances) Rules, 1984, and in supersession of the notification of the Government of India in the Department of Atomic Energy No. AEA/27/1/85-ER dated June 28, 1990, the Central Government hereby appoints the Joint Secretary, Department of Atomic Energy, Government of India as the "Licensing Authority" for the purposes of the said rules. This Order will be effective from 1st April, 1995.