(1) The Central Government may, by order, declare any information, which is not in public domain and which in its opinion is detrimental to national security or public interest, relating to the following, as restricted information, namely:––
(i) the location, quality and quantity of prescribed substance and transactions for their acquisition whether by purchase or otherwise, or disposal, whether by sale or otherwise;
(ii) the processing of prescribed substance and the extraction or production of fissile materials from them;
(iii) the theory, design, siting, construction and operation of nuclear power plant or reactor or plants for the treatment and production of any of the prescribed substance and for the separation of its isotopes;
(iv) research and technological work on materials and processes involved in or derived from items covered by this sub-section;
(v) submissions made available to the Board or other regulatory bodies during the course of their work and declared as strategic, sensitive or confidential for business purpose by the applicant; and
(vi) all activities referred to in the proviso to sub-section (1) of section 38, whether contained in a document, drawing, photograph, plan, model, or in any other form whatsoever, which relates to, represents, or illustrates—
(i) an existing or proposed plant used or proposed to be used for the purpose of producing, developing, or using nuclear energy; or
(ii) the purpose or method of operation of any such existing or proposed plant; or
(iii) any process operated or proposed to be operated in such existing or proposed plant.
(2) No person shall––
(a) disclose or obtain or attempt to obtain any restricted information; or
(b) disclose, without authority of the Central Government, any information obtained in the discharge of any functions or performance of official duties under this Act.
(3) The Central Government may, by notification, prohibit the publication in any form whatsoever of restricted information or any other information as may be specified therein.
(4) Notwithstanding anything contained in the Right to Information Act, 2005, the information declared as restricted information or prohibited under this section shall be debarred from disclosure under the provisions of that Act.
Restricted information.
26 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 26 Prohibited areas.
Power to obtain information regarding materials, facilities or processes.
Administration of Occupational Safety, Health and Working Conditions Code, 2020.
Delegation of powers.
40. The Central Government may, by order,—
(a) declare any premises as prohibited area where work including research, design or development is carried on in respect of the production, processing, use, application or disposal of nuclear energy or of any prescribed substance;
(b) prohibit––
(i) the entry of any person, without obtaining permission, into a prohibited area; or
(ii) any person from taking, without permission, any photograph, sketch, pictures, drawing, map or other document from a prohibited area and any permission, if given, may be subject to such conditions which the Central Government may consider necessary.
41. The Central Government may, by notice in writing, require any person to submit to it such periodical and other returns, or statements at such times and containing such particulars and accompanied by such plans, drawings and other documents as may be specified in the notice relating to––
(a) any prescribed substance in the possession or under the control or present in or on any land or mine owned or occupied by such person, which in the opinion of the Central Government, is or can be a source of any of the prescribed substances, including returns in respect of any such land or mine;
(b) any facility in his possession or under his control designed for mining or processing of minerals, or adapted for the production or use of nuclear energy or research into matters connected therewith;
(c) any contract entered into or any licence granted by or to such person for prospecting or mining of minerals or production or use of nuclear energy or research into matters connected therewith;
(d) any information in possession of such person for any work carried out by or on behalf or under the directions of such person, in connection with prospecting or mining of minerals so specified or the production or use of nuclear energy or research into matters connected therewith; and
(e) any other information as the Central Government deems necessary for the purpose of discharging its functions under this Act.
42. Notwithstanding anything contained in the Occupational Safety, Health and Working Conditions Code, 2020, the authority to administer the said Act, including the appointment of inspecting staff and the making of rules thereunder shall vest in the Central Government in relation to any factory belonging to it or a company fully owned or controlled by it and engaged in carrying out the purposes of this Act:
Provided that the Central Government may, by notification, delegate to the Board the authority to administer the provisions of the Occupational Safety, Health and Working Conditions Code, 2020, except the power to make rules, relating to health and safety of the workers, as may be specified in that notification.
43. The Central Government may, by notification, direct that any power or function which may be exercised or performed by it under this Act, except the power to make rules, shall, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by—
(a) such officer or authority subordinate to the Central Government; or
(b) such State Government or such officer or authority subordinate to a State Government, not below the rank of a Director, as may be specified in the notification.
37 of 2020.
37 of 2020.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2727
44. Notwithstanding anything contained in this Act, the Central Government may, with the prior approval of the Atomic Energy Commission, by notification, and for the reasons specified therein, exempt any plant, facilities, prescribed substance or quantity of prescribed substance or prescribed equipment and technology from the requirements of licence or liability or any provisions of this Act, if it is of the opinion that the risk involved is insignificant.