Regulatory Enforcement
AERB has powers to take enforcement actions to administer the provisions of Rules made under Atomic Energy Act 1962 for ensuring radiological safety as well as industrial safety.
As per the provision of rule no. 31 of Atomic Energy (Radiation Protection) Rules, 2004 (Power to investigate, seal or seize radiation installation or radioactive material and to give direction to the employer)
- Any person duly authorized under Section 17 of the Atomic Energy Act 1962, may, after inspection, carry out investigation for the purposes of determining contravention of any of the provisions of these rules;
- The investigation may be carried out against a complaint or on suspicion or after an unusual incident or accident;
- The person authorized to investigate may -
- seal any radiation installation or any conveyance carrying radioactive materials or seize any radioactive material or contaminated equipment; and
- indicate in writing to the employer any recommendation aimed at ensuring adequate protection and the licensee shall comply with the same.
As per the provision of rule no. 35 of Atomic Energy (Radiation Protection) Rules, 2004 (Offences and penalties)
Any person who contravenes the provisions of Atomic Energy (Radiation Protection) Rules, 2004 or any of the terms and conditions of Licence issued hereunder, shall be punishable as provided for under the Atomic Energy Act 1962
AERB uses graded approach in taking enforcement actions based on the severity or safety significance of the non-compliance. Various enforcement actions by AERB include:
- Enforcement letter
- Issue of written directives
- Orders to curtail activities
- Modification, suspension or revocation of consents or authorizations or licenses
- Initiation of other penal actions
Further, a lead inspector is empowered to implement on the spot enforcement action in consultation with Chairman AERB.
In case of disagreement on the decisions of the regulatory body, the licensee may appeal against such decisions to the Atomic Energy Commission (AEC).