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Section 91

The Sustainable Harnessing and Advancement of Nuclear for Transforming India Act, 2025Act · 2025

Not in force. The source records this instrument as enacted but not brought into force. It is published for reference.

(1) The Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010 are hereby repealed.

(2) Notwithstanding the repeal of the enactments aforesaid, any action taken, including creation of any body or authority, grant of licence or permissions by whatever name called, grant of exemption, conduct of inspection or investigation or passing of orders, issuance of notice, any document or instrument executed, funds collected or any proceedings, complaints or appeal pending or ongoing, under the enactments so repealed, shall be deemed to have been done or taken under this Act.

(3) All rules, notifications, orders, directions and regulatory documents made or issued or purported to have been made or issued under the enactments so repealed shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made or issued under this Act as if this Act had been in force on the date on which such rules, notifications, orders, directions and regulatory documents were made or issued, and shall continue to be in force unless and until they are superseded by any rule, notification, order, direction or regulatory document made or issued under this Act.

(4) Any person appointed to any office under or by virtue of any enactment hereby repealed shall be deemed to have been appointed by that office under or by virtue of this Act.

(5) Any principle or rule of law, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the enactments hereby repealed.

(6) The offices existing on or before the commencement of this Act shall continue as if they have been established under the provisions of this Act.

Act to have an overriding effect.

Power to remove difficulties.

Amendment of Act No. 39 of

1970.

Act binding on Government.

Repeal and saving.

42 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 42 THE FIRST SCHEDULE [See sections 70(1) and 83(1)] PENALTIES FOR CATEGORIES OF BREACH AND VIOLATIONS Categories of breach and violations Penalty (in INR) Severe Not less than fifty lakh rupees but may extend to one crore rupees.

Major Not less than ten lakh rupees but may extend to fifty lakh rupees.

Moderate Not less than five lakh rupees but may extend to ten lakh rupees.

Minor Not less than fifty thousand rupees but may extend to five lakh rupees.

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43 43 THE SECOND SCHEDULE [See sections 11(2)(3), 13 (2), 14(1)(a), 15(1),16, 68(1)(b) and 83(1)] LIMITS OF LIABILITY OF THE OPERATORS FOR DIFFERENT CATEGORIES OF NUCLEAR INSTALLATION Sl. No. Categories of nuclear installation Limit of operator’s liability (INR) in crore

(1) (2) (3)

1. Reactors having thermal power above 3600 MW 3000

2. Reactors having thermal power above 1500 MW and up to 3600 MW 1500

3. Reactors having thermal power above 750 MW and up to 1500 MW 750

4. Reactors having thermal power above 150 MW and up to 750 MW 300

5. Reactors having thermal power up to 150 MW, fuel cycle facilities other than spent fuel reprocessing plants and transportation of nuclear materials 100 44 THE THIRD SCHEDULE (See section 89) AMENDMENTS Year No. Short title Amendments

(1) (2) (3) (4) 1970 39 The Patents Act, 1970

1. For section 4, the following section shall be substituted, namely:–– “4. Inventions relating to nuclear energy.––The patents may be granted for inventions relating to nuclear energy subject to the provisions of this Act and section 38 of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025.”.

2. In section 65, in sub-section (1), for the words, brackets and figures “sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962)”, the words and figures “section 38 of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025” shall be substituted.

———— The above Bill has been passed by the Houses of Parliament.

Dated the Dated the Chairman.

President.

———— I assent to this Bill.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MGIPMRND—411GI(S4)—21-12-2025.

DR. RAJIV MANI, Secretary to the Govt. of India.

44 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Sec. 1] 2025-12-21T22:09:25+0530 KSHITIZ MOHAN

Where this provision sits

ActThe Sustainable Harnessing and Advancement of Nuclear for Transforming India Act, 2025
Section91
StatusEnacted but not brought into force

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