Sample Read
© Taxmann
Price : ` 125
Law stated in this book is as updated till 5th February, 2026
Published by : Taxmann Publications (P.) Ltd.
Sales & Marketing :
59/32, New Rohtak Road, New Delhi-110 005 India
Phone : +91-11-45562222
Website : www.taxmann.com
E-mail : sales@taxmann.com
Regd. Office :
21/35, West Punjabi Bagh, New Delhi-110 026 India
Printed at :
Tan Prints (India) Pvt. Ltd.
44 Km. Mile Stone, National Highway, Rohtak Road Village Rohad, Distt. Jhajjar (Haryana) India
E-mail : sales@tanprints.com
Disclaimer
Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications.
No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action.
For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.
Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025
[39 OF 2025]1
An Act to provide for the promotion and development of nuclear energy and ionising radiation for nuclear power generation, application in healthcare, food, water, agriculture, industry, research, environment, innovation in nuclear science and technology, for the welfare of the people of India, and for robust regulatory framework for its safe and secure utilisation and for matters connected therewith or incidental thereto.
WHEREAS India having achieved self-reliant capability in production and use of nuclear energy, recognises the potential it offers towards rapidly meeting the ever increasing energy needs of the country through further research and development;
AND WHEREAS India has been pursuing such developments in a responsible way;
AND WHEREAS nuclear energy is a clean and abundant source for electricity and hydrogen production and has the potential to address clean energy needs of Viksit Bharat;
AND WHEREAS India pursues a policy of closed fuel cycle to enable sustainability of nuclear fuel resources as well as safe radioactive waste management, and has adopted a three-stage nuclear power development programme, which aims at full exploitation of India’s abundant thorium reserves;
AND WHEREAS speedy development for large scale thorium utilisation requires strong institutional foundations for research, development and usage of next generation technologies;
AND WHEREAS accelerated growth of Artificial Intelligence, high-performance computing, quantum technologies, indigenous semi-conductor fabrication and large-scale data-driven research requires stable, reliable, abundant, clean and round-the-clock power supply, which can be ensured through expanded deployment of nuclear energy and necessitating a new legal framework promoting research and innovation in private-sector;
AND WHEREAS application of nuclear science and technology in energy, healthcare, food, water, agriculture, industry, research, environment and other non-power uses and its utilisation in Artificial Intelligence in supporting future-ready applications including advanced materials research, precision manufacturing, space technologies
1.Dated 20-12-2025
and industrial automation is crucial in fulfilling India’s developmental aspirations and achieving sustainable development goals;
AND WHEREAS India is committed to expand the application and deployment of nuclear science and technology to enhance nuclear energy share of the total energy mix;
AND WHEREAS it is desirable to harness the potential of nuclear energy through active involvement of both public and private sectors and to leverage the participation of the domestic industry to contribute to and benefit from the global nuclear energy ecosystem including research, technology, manufacturing, finance, insurance and skill development;
AND WHEREAS India’s excellent record in nuclear safety and radiation safety needs to be sustained through enhanced legal and regulatory framework for ensuring continued excellence keeping pace with the large-scale expansion of nuclear power programme, rapidly emerging Artificial Intelligence enabled nuclear and radiation technologies and other radiation applications.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:––
CHAPTER I PRELIMINARY
Short title and commencement.
1. (1) This Act may be called the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act, shall be construed as a reference to the coming into force of that provision.
Definitions.
2. In this Act, unless the context otherwise requires,—
(1) “activities” means any activity connected with or incidental to production or use of nuclear energy and ionising radiation and includes radioactive waste management, import, export or transport of prescribed substance or radioactive substance and any other practice or circumstances in which an individual may be subject to radiation exposure;
(2) “adjudicating officer” means the adjudicating officer designated as such under sub-section (2) of section 70;
(3) “Appellate Tribunal” means the Appellate Tribunal for Electricity established under section 110 of the Electricity Act, 2003 (36 of 2003);
(4) “Atomic Energy Commission” means the Atomic Energy Commission established by the Government of India Resolution dated the 1st March, 1958;
(5) “Board” means the Atomic Energy Regulatory Board constituted under sub-section (1) of section 17;
(6) “Central Government” means the Department of Atomic Energy;
(7) “Claims Commission” means the Nuclear Damage Claims Commission established under section 56;
(8) “Claims Commissioner” means the Claims Commissioner designated as such under sub-section (2) of section 54;
(9) “company” shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013), but does not include a company incorporated outside India;
(10) “Council” means the Atomic Energy Redressal Advisory Council established under section 47;
(11) “decommissioning” means permanent discontinuation of the operation of any facility or mine, with or without dismantling the equipment, removal or containment of any prescribed substance or radioactive material, with necessary measures taken for cessation of regulatory or governmental control;
(12) “environment” shall have the same meaning as assigned to it in clause (a) of section 2 of the Environment (Protection) Act, 1986 (29 of 1986);
(13) “facility” includes nuclear facility and radiation facility;
(14) “financial security” means a contract of indemnity or guarantee or shares or bonds or such instrument or any combination thereof;
(15) “fissile material” means––
(a) plutonium;
(b) uranium-233;
(c) uranium-235;
(d) any material containing one or more of the foregoing; and
(e) such other material as the Central Government may from time to time notify in this behalf;
(16) “Government company” shall have the same meaning as assigned to it in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013);
(17) “licence” means licence granted by the Central Government under this Act;
(18) “licensee” means a person to whom a licence has been granted under this Act;
(19) “minerals” include all substances obtained or obtainable from the earth surface or sub-surface of the earth crust, either soil or rock, and the like; and 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;
(20) “notification” means notification published in the Official Gazette and the term “notify” or “notified” shall be construed accordingly;
(21) “nuclear damage” means any injury, loss or damage caused by a nuclear incident,––
(a) occurring in a nuclear installation; or
(b) involving a nuclear material originating in, transported from or to, a nuclear installation,
whether arising from the radioactive properties of such material, or from a combination of radioactive properties with toxic, explosive or other hazardous properties of such other material, resulting in—
(i) loss of life or personal injury including immediate and long-term health impact to an individual;
(ii) loss of, or damage to, property; or
(iii) any other loss or damage as may be notified by the Central Government, including—
(A) any economic loss;
(B) costs of measures taken for the restoration of an impaired environment;
(C) any loss of income arising from an economic interest in the use or enjoyment of the environment;
(D) the costs of measures taken for preventing and mitigating nuclear damage, and additional loss or damage resulting from such measures;
(22) “nuclear energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes; and any reference in this Act to the production or use of nuclear energy shall be construed as including a reference to the carrying out of any process, preparatory or subsequent or ancillary to such production or use.
Explanation.—For the removal of doubts, it is hereby clarified that any reference to the expression “atomic energy” in any law or any other instrument having the force of law shall be construed as a reference to nuclear energy as defined in this clause;
(23) “nuclear facility” means any plant including the premises and precincts thereof in which source material or fissile material is produced, processed, used, handled, stored or disposed of and includes nuclear power plant, research reactor, fuel fabrication plant, refinement or conversion plant, spent fuel storage facility, enrichment plant, reprocessing plant, facility engaged in management of waste from use of source or fissile material; or any other facility engaged in the use or production of nuclear energy as may be notified by the Central Government, but does not include mining and processing of ores and facilities handling waste arising thereof;
(24) “nuclear incident” means any occurrence or a series of occurrences having the same origin that results in nuclear damage or, despite all reasonable measures taken to prevent or mitigate the damage, presents a grave and imminent risk of causing such damage;
(25) “nuclear installation” means such nuclear facility where—
(a) nuclear fission can occur in a reactor including one driven by external neutrons other than a reactor comprised in any means of transport;
(b) nuclear fuel is used for the production or processing of nuclear material, including reprocessing of irradiated nuclear fuel; or
(c) nuclear material is stored (other than storage incidental to the carriage of such material),
Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act 2025 – Bare Act with Section Notes
AUTHOR : Taxmann’s Editorial Board
PUBLISHER : Taxmann
DATE OF PUBLICATION : February 2026
EDITION : 2026 Edition
ISBN NO : 9789375610847
No. of Pages : 96
BINDING TYPE : Paperback
DESCRIPTION
Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act 2025 [Bare Act with Section Notes] by Taxmann is a comprehensive statutory publication which establishes a new constitutional-scale legal framework for India’s nuclear energy and radiation ecosystem. This Act repeals and replaces two cornerstone legislations—the Atomic Energy Act 1962 and the Civil Liability for Nuclear Damage Act 2010—and reconstitutes the entire nuclear governance regime into a single, integrated, forward-looking statute. The Act is not merely regulatory; it is developmental, strategic, and institutional in character. It simultaneously addresses energy security, decarbonisation, advanced technology deployment, private sector participation, nuclear safety, radiation protection, liability allocation, and national security. The publication captures the law as it operates in force, and is editorially enhanced with Section Notes that decode dense technical provisions without disturbing the doctrinal purity of a Bare Act.
This publication is designed for serious statutory users who require accuracy, completeness, and interpretative confidence, including:
• Judges, Advocates & Legal Academicians handling nuclear liability, infrastructure law, environmental regulation, and constitutional delegation
• Policy Makers & Senior Government Officers in the Department of Atomic Energy, Ministry of Power, and allied strategic departments
• Atomic Energy Regulatory Board Officials, Safety Inspectors, and Licensing Authorities
• Nuclear Power Operators, Technology Developers, Insurers, Financiers, and Compliance Heads
• Public Sector Undertakings and approved private entities participating in nuclear power, fuel cycle, radiation technology, and research
• Universities, Research Institutions, and Think Tanks working on energy transition, climate law, and national security law
The Present Publication is the 2026 Edition, covering the text of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act [Act No. 39 of 2025], with the following noteworthy features:
• [Complete Bare Act Text] Verbatim reproduction of the Act as enacted, without paraphrasing or editorial distortion
• [Section-wise Notes] Carefully drafted notes explaining scope, definitions, thresholds, and operational consequences of key provisions
• [Unified Nuclear Governance Code] One statute governing licensing, safety, liability, compensation, offences, and institutional control
• [Statutory Status to Regulator] Atomic Energy Regulatory Board placed on a clear statutory footing with defined powers and autonomy
• [Private Sector Enablement with Control] Carefully calibrated entry of private companies and joint ventures under strict licensing and safeguards
• [Modern Liability Architecture] Structured operator liability, Government backstop liability, insurance mandates, and SDRlinked caps
• [Adjudication & Redressal System] Multi-tier dispute resolution framework from Advisory Council to Appellate Tribunal to Supreme Court
• [National Security & Restricted Information Regime] Clear demarcation of prohibited areas, restricted information, and RTI exclusion
• [Comprehensive Schedules & Indices] Penalty matrices, liability limits by reactor size, statutory amendments, and exhaustive subject index