Updated: Tuesday July 19, 2016/AthThulatha
Shawwal 14, 1437/Mangalavara
Asadha 28, 1938, at 12:25:38 AM
The
ORDINANCE No. III OF 2001
[22
An Ordinance to provide for the establishment of the
Pakistan Nuclear Regulatory Authority for regulation of nuclear safety and
radiation protection in Pakistan and the extent of civil liability for nuclear
damage resulting from any nuclear incident;
WHEREAS it is expedient to provide for
the establishment of the Pakistan Nuclear Regulatory Authority to be the
competent national authority for regulation of safety of nuclear installations,
the protection against risks arising from ionizing radiation, the extent of
civil liability for nuclear damage resulting from any nuclear incident and for
matters ancillary thereto or connected therewith;
AND WHEREAS the National Assembly and
the Senate stand suspended in pursuance of the. Proclamation of Emergency of
the fourteenth day of October 1999, and the Provisional Constitution Order No.
1 of 1999;
AND WHEREAS the President is satisfied
that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the
Proclamation of Emergency of the fourteenth day of October 1999, and the
Provisional Constitution Order No. 1 of 1999, as well as Order No.9 of 1999;
and in exercise of all powers enabling hurt in that behalf, the President of
the Islamic Republic of Pakistan is pleased to make and promulgate the
following Ordinance:---
1. Short title, extent and
commencement. (1) This Ordinance may
be called the Pakistan Nuclear Regulatory Authority Ordinance, 2001.
2. It extends to the whole of
3. It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “Authority”
means the Pakistan Nuclear Regulatory Authority established under section 3;
(b) “authorization”
means an authorization granted under section 20 or, as the case may be,
sections 21, 22 or 23;
(c) “Chairman”
means the Chairman of the Authority;
(d) “Commission”
means the Pakistan Atomic Energy Commission established under the Pakistan
Atomic Energy Commission Ordinance, 1965 (XVII of 1965);
(e) “ionizing
radiation” means any electromagnetic or particular radiation capable of
producing ions, directly or indirectly in its passage through matter;
(f) “license”
means a license issued under section 19;
(g) “member”
means a member of the Authority;
(h) “nuclear
damage” means loss of life, any personal injury or arty loss of, or damage to,
property which arises out of or results from the radioactive properties or a
combination of radioactive with toxic, explosive or other hazardous properties
of nuclear substance, radioactive materials or radioactive products or waste
in, or of nuclear material coming from, originating in, or sent to, a nuclear
installation, or from the ionizing radiation emitted by any other source of
radiation inside a nuclear installation;
(i) “nuclear
fuel” means any material which is capable of producing energy by self
sustaining chain process of nuclear fission, nuclear fusion or other nuclear
transmutation;
(j) “nuclear
incident” means any occurrence, or series of occurrences having the same
origin: which causes nuclear damage ors butt only with respect to preventive
measures, creates a grave and imminent threat of causing such damage;
(k) “nuclear
installation” means:---
(i) any
nuclear reactor used as a source of power or for any other purpose;
(ii) any
factory using nuclear fuel for the production of nuclear material, or any
factory for the processing of nuclear material including any factory for the
reprocessing of irradiated nuclear fuel;
(iii) and
any facility where nuclear material is stored, other than storage incidental to
the carriage of such material:---
Provided that several nuclear
installations of one operator, which are located at the same site, may be considered
as a single nuclear installation;
(l) “nuclear
material” means:---
(i) nuclear
fuel, including natural uranium and depleted uranium, capable of producing
energy by a self-sustaining chain process of nuclear fission outside a nuclear
reactor, either alone or in combination with some other material; and
(ii) radioactive
products or waste;
(m) “nuclear
substance” means any substance or nuclear material which the Authority
determines as being a substance or material which may be used for production of
or use in atomic energy or for research into matters connected therewith and
includes all substances obtained or obtainable from the soil or water by
under-ground or surface working or from the atmosphere;
(n) “operator”,
in relation to a nuclear installation, means the person licensed under section
19;
(o) “person”
means any individual, corporation, partnership, firm, association, trust,
estate, public .or private institution, group, Government agency, any state or
any political subdivision or any political entity within a state, any foreign
Government or nation, or other entity and includes any legal successor,
representative, agent or agency of any of the aforesaid;
(p) “radiation
generator” means a device or an apparatus capable or generating radiation, such
as X-rays, neutrons, electrons, or other charged particles,, which may be used
for scientific, industrial or medical purposes;
(q) “radioactive
material” means any substance which contains or consists of radioactive
nuclide, naturally occurring or 'artificially produced, provided that the
specific activity of the substance is in accordance with the levels as may be
prescribed by regulations;
(r) “regulations”
means regulations made under this Ordinance; and
(s) “rules”
means rules made under this Ordinance.
3. Establishment of the Authority. - (1) As soon as may be, but not later than thirty
days after the commencement of this Ordinance, the Federal Government shall, by
notification in the official Gazette, establish, in accordance with provisions
of this Ordinance, an Authority to be called the, Pakistan Nuclear Regulatory
Authority;
Provided that till such time as the
Authority is fully constituted, the Chairman shall exercise the powers, perform
the functions and discharge the duties of the Authority.
(2) The Authority shall be a body
corporate having perpetual succession, and a common seal, and may sue and be
sued in its own name and, subject to and for the purposes of this Ordinance,
may enter into contracts and may acquire, purchase, take, hold and enjoy
moveable and immovable property of every description and may convey, assign,
surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise
dispose of or deal with, any moveable or immovable property or any interest
vested in it.
(3) The head office of the Authority
shall be at
(4) The common seal of the Authority
shall be kept in the custody of the Chairman or such other person as may be
prescribed by regulations and documents required or permitted to be executed
under the common seal shall be specified and authenticated in such manner as
may be prescribed by regulations.
4. Composition of the Authority.__ (1) The Authority shall consist of a Chairman, not
more than two full-time members and seven part-time members to be appointed by
the Federal Government.
(2) The Chairman and every member of
the Authority shall be a person of ability, integrity and standing having such
knowledge and experience as hereinafter specified.
(3) The Chairman shall be a person
holding a postgraduate degree in physical or nuclear sciences or in engineering
and technology, preferably a Ph.D. or equivalent from an internationally
recognised university and have worked for at least twenty-five years in the
field of nuclear sciences or nuclear engineering and technology.
(4) Each of the two full-time members
shall be a person holding a postgraduate degree in physical or nuclear sciences
or be graduate in engineering and technology from an internationally recognised
university and have worked for at least twenty years in the relevant field of
radiation protection, nuclear safety or reactor safety.
(5) Seven part-time members as follows:---
(a) three
technical members:---
(i) two of
whom shall be reputable scientists or engineers from internationally recognized
universities holding a post-graduate professional degree in -nuclear physics or
nuclear engineering and technology and have worked at least for fifteen years
in the relevant field; and
(ii) one
medical doctor holding a postgraduate professional degree in nuclear medicine,
radiotherapy or radiation sciences and have worked at least for fifteen years
in the relevant field;
(b) two
nominees one each from the Ministry of Health and the Pakistan Environmental
Protection Agency not below the rank of Joint Secretary;
(c) one
nominee from the Pakistan Atomic Energy Commission with the rank or grade
equivalent to that 'of a full-time member of the Commission; and
(d) Director
General, Strategic Plans Division, JSHQ.
(6) There shall be a Secretary of the
Authority who shall be a non-voting member of the Authority.
(7) No person shall be appointed as the
Chairman or a member unless he is a citizen of
5. Chairman. The Chairman shall be the Chief Executive Officer of
the Authority and shall, subject to the provisions of this Ordinance, the rules
and regulations, be responsible for the day to day administration of the
affairs of the Authority
6. Term of office of the Chairman. (1) Subject to the provisions of this Ordinance, the
Chairman shall hold office for a term of four years from the date of his
appointment.
(2) The Chairman shall be eligible for
reappointment for a period of four years but not for more than two consecutive
terms.
7. Term of office of a member. Subject to the provisions of this Ordinance, a
full-time member and a part-time member other than an ex-officio member, shall
hold office for a period of four years from the date of his appointment and
shall be eligible for reappointment for a period of four years but not for more
than two consecutive terms.
8. Resignation by the Chairman or a
member. The Chairman, a full-time
member or a part-time member may, by giving in writing to the Federal
Government a notice of not less than three months, resign his office:---
Provided that the resignation shall not
take effect until it has been accepted by the Federal Government.
9. Removal of the Chairman or a
member. (1) Subject to sub-section
(2), the Federal Government may; by notification in the official Gazette, remove
the Chairman or any member from his office.
(2) The Chairman or any member may be
removed from his office, if he,---
(a) in the
opinion of the Federal Government, fails to discharge, or becomes incapable of
discharging, his duties under this Ordinance;
(b) has been
declared insolvent;
(c) has been
declared to be disqualified for employment in, or has been dismissed from the
service of
(d) has been
convicted of an offence involving moral turpitude; or
(e) has
knowingly acquired or continued to hold without the permission in writing of
the Federal Government, directly or indirectly or through a partner, any share
or interest in any contract or employment with, or by on behalf of the
Authority, in any land or property which in his knowledge, is likely to benefit
pr has benefited as a result of the operation of the Authority:
10. Filling of a casual vacancy. A casual vacancy in the office of the Chairman or a
member shall be filled by the appointment of another Chairman or, as the case
may be, member for the remaining term of office of his predecessor.
11. Terms and
conditions of service. (1) The salary and allowance payable to, and other
terms and conditions of service of, the Chairman and a full-time member shall
be such as may be prescribed by rules.
(2) Remuneration and-allowances of a
part-time member shall he such as may be prescribed by regulations.
12. Meetings of the Authority. (1) The Authorities shall meet at such times and
place and in such manner, as may be prescribed by regulations:---
Provided that until regulations are
made in this behalf, such meetings shall be convened by the Chairman.
(2) As and when required, and for the
purpose of advice, the Chairman may, in consultation with full-time members,
invite a senior level expert or representative of a relevant organization to
participate in the meetings of the Authority.
13. Directorates of the Authority. The Authority may establish one or more Directorates
which shall execute, enforce and supervise all decisions of the Authority and
all nuclear anal radiation safety measures vested in the Authority under the
provisions of this Ordinance or the rules and regulations made thereunder.
14. Advisory Committees.
(1) The Authority may, from time to time, constitute such Advisory Committees,
from amongst its members or other suitably qualified persons, for assisting the
Authority in the performance of its functions generally, or for advising on or
evaluating any particular nuclear or radiation safety aspect.
(2) An Advisory Committee constituted
under sub-section (1) shall perform such functions as may be prescribed by
regulations
15. Appointment of advisers and
consultants. (1) The Authority may employ suitably qualified
advisers and consultants to transact any business or to do any act required to
be transacted or clone in exercise of its powers or performance of its
functions under this Ordinance.
(2) The decision to employ and the
terms and conditions of employment under sub-section (1) shall be made by the
Authority as it may deem fit.
16. Functions and powers of the
Authority. (1) Subject to the provisions of this Ordinance, the
Authority shall have the responsibility for controlling, regulating and
supervising all matters related to nuclear safety and radiation protection
measures in
(2) Without prejudice to the-generality
of the foregoing powers the following shall be the powers and functions of the
Authority, namely:---
(a) to
devise, adopt, make and enforce such rules, regulations, orders or codes of
practice for nuclear safety and radiation protection as may, in its opinion, be
necessary;
(b) to plan, develop and execute comprehensive policies
and programmes for the protection oh life, health and property against the risk
of ionizing radiation;
(c) to
regulate the radiation safety aspects of:---
(i) Exploitation
of any radioactive ore;
(ii) Production,
import, export, transport, possession, processing, reprocessing;, use, sale,
transfer, storage or disposal of a nuclear substance, radioactive material or
any other substance as the Authority may, by notification in the official
Gazette, specify;
(iii) equipment
used for production, use or application of nuclear energy for ;-
(a) the
generation of electricity; or
(b) any
other uses;
(d) to
approve effective reporting procedures with respect to radiation incidents and
to ensure that plans for protective action in emergency situation have been
prepared;
(e) to
ensure that corrective actions are undertaken when unsafe or, potentially
unsafe conditions are detected concerning a nuclear installation, radiation
generator, nuclear material, nuclear substance or radioactive material;
(f) to
ensure that appropriate measures for physical protection of nuclear
installations and nuclear materials are taken;
(g) to
establish the extent of insurance to be carried by a licensee against the risks
of nuclear damage td the public;
(h) to grant
authorization, or issue licence for the production, storage, disposal, trade in
and use of any nuclear substance, radioactive material or any other substance
or equipment used for production or use of nuclear energy as the Authority may,
by notification in the official Gazette, specify;
(i) to
inspect all nuclear installations, radiation generators, nuclear materials,
nuclear substances or radioactive materials to ensure that regulations
concerning safety measures are properly followed;
(j) to
advise the Federal Government departments or Provincial Government departments,
educational and research institutions, public or private industry and other
undertakings on questions related to nuclear safety and radiation protection;
and
(k) to do all other acts aril things, such as initiating
and coordinating research and development necessary for carrying into effect
the provisions of this Ordinance.
17. Directives, orders and
instructions from the Federal Government. (1) The Federal Government may, from time to time,
issue to the Authority such directives and orders as it may consider necessary
for carrying out the purposes of this Ordinance and the Authority shall follow
and carry out such directives and orders.
(2) In discharging its functions, the
Authority shall be bound by such instructions, if any, as may be given to it on
any question of policy by the Federal Government which shall be the sole judge
as to whether a question is a question of policy.
18. Delegation of powers. The Authority may, by general or special order in
writing, direct that any of its powers, shall, in such circumstances and under
such conditions, if any, as may be specified in the order, be exercisable also
by the Chairman, a member or officer of the Authority.
19. Power to issue license. (1) No person shall, unless he is exempted as may be
prescribed by regulations, or unless lie is the holder of a license issued by
the Authority:---
(a) acquire,
design, manufacture, construct, install or operate any device tlt6t contains
any radioactive material or produce ionizing radiation including consider
products, sealed sources, unsealed sources and radiation generators, including
mobile radiography equipment;
(b) establish
installations and facilities which contain radioactive materials or devices
which produce radiation including irradiation facilities, mines and mills
processing radioactive ores, installations processing radioactive substances,
nuclear installations and radioactive waste management facilities;
(c) explore
for mines and mill, extract, acquire, handle, use for ;medical, industrial,
veterinary, or agriculture purposes, or for education, training or research,
etc., sell, lease, lend, buy, transfer, import, export, convert, enrich,
produce, store, , process, reprocess, fabricate, transport, dispose of any
radioactive ores, radioactive material, nuclear substance or any other
substance as the Authority may, by notification in the official Gazette,
specify; and
(d) treat
food by ionizing radiation.
(2) Subject to sub-section (1), the
Authority may, on application made to it accompanied by such fee, information
and documents, as may be prescribed by regulations, issue a licence for
carrying out of such activities as are specified in the licence for such period
as may be so specified.
(3) The Authority may require an
applicant to demonstrate by submitting the required information that the
activity for which the license is required would not be hazardous to public or
the environment.
(4) The Authority may
prescribe terms and conditions that may he attached to a license.
(5) The Authority may require the
establishment of effective reporting procedure in respect of radiation
accidents and ensure that the plans for mitigating the effects of nuclear
incidents have been prepared.
20. Power to grant authorization. (1) The Authority may, on application made to it
accompanied by such fee, information and documents, as may be prescribed by
regulations, grant an authorization for came out of such activities as are
specified in the authorization for such period as it tray specify.
(2) The Authority may specify terms and
conditions that may he attached to an authorization.
21. Authorization prior to
licensing. No person shall commence
construction of any nuclear installation without first obtaining an
authorization for the purpose from the Authority as may be prescribed by
regulations.
Explanation. For the
purposes of this section, “construction” includes the sitting, designing and
construction of buildings for, and every stage of setting up of, a nuclear
installation.
22. Authorization prior to
radioactive waste discharge and disposal. No person shall discharge, or dispose of; radioactive waste to the
environment without first obtaining an authorization for the purpose from the
Authority as may be prescribed by regulations.
23. Authorization for nuclear
powered vehicle, vessel or aircraft, and any vehicle, vessel or aircraft
carrying nuclear material. No person
shah cause a nuclear powered vehicle, vessel or aircraft, and any vehicle,
vessel or aircraft carrying nuclear material to enter in Pakistan without first
obtaining an authorization for this purpose from the Authority as may be
prescribed by regulations.
24. Cancellation or suspension of an
authorization or a license.
(1) Where any person has been found
to have contravened any of" the provisions of this Ordinance, the rules
and regulations, or has consistently failed to comply with the terms and
conditions of an authorization or, as the case may be, a license, the Authority
may, subject to sub-section (2), cancel or suspend the authorization or, as the
case may be, the license.
(2) Before taking any action under
sub-section (1) the Authority shall issue a notice to such person to, show
cause and give him an opportunity of being heard or an opportunity to rectify
the omission subject to such conditions as the Authority may specify.
25. Actions to be taken subsequent
to cancellation or suspension of license. In case the Authority cancels or suspends a license under section 24,
it may subsequently undertake al or any of the following actions in respect of
the installation or facility covered under the license, namely:---
(a) ask the
licensee to put the installation or facility in safe State and Shut down the
installation or facility;
(b) permit the licensee to continue operating the
installation or facility under such term and conditions as the Authority may
specify; or
(c) appoint
another person to take over the operation of the installation or facility.
26. Transitional. (1) Whoever before the commencement of this Ordinance
is engaged in activities requiring authorization or license under this
Ordinance shall declare to the Authority and shall apply for grant of an
authorization or, as the case may be, issue of a license within six months from
such commencement.
(2) Pending action, on the application
submitted pursuant to subsection (1), the applicant may continue to pursue
such activities referred to in sub-section (1), provided that all necessary
measures to comply will the provisions of this Ordinance are taken immediately.
27. Control of contaminated
foodstuff. No person shall sell,
distribute or otherwise dispose of foods that have been contaminated by material
producing ionizing radiation except as may be prescribed by regulations.
28. Power to obtain information. The Authority, any officer of the Authority or any
other person authorized in that behalf by the Authority may, by a notice, in
writing, sewed on any person require such person to make such returns, at such
time, and maintain such particulars as may, be specified in the notice in
respect of all or any of the following matters, namely:---
(a) any such
radioactive material, or nuclear substance specified in the notice as is in his
possession or under his control;
(b) any
plant in his possession or under his control designed or adapted for the production
or use of atomic energy, ionizing radiation or radioactive material;
(c) any
contract entered into by him or any right granted by or to him relating to such
production or use as aforesaid;
(d) any
other information in his possession relating to any work carried out by him, or
on his behalf or under his direction in connection with such production or use.
29. Power of entry, inspection, etc. Any, member of the Authority, any officer of the
Authority or any other person authorized in that behalf by the Authority may,
at all reasonable hours, enter any premises, vehicle, vessel or aircraft for
the purpose of satisfying himself as to whether the provisions of this
Ordinance and the rules and regulations made thereunder have been, are being
adequately complied with and may
(a) out any
tests and investigations;
(b) obtain
and analyse any samples;
(c) examine designs, drawings, records, memoranda, reports
or documents pertaining to the use, operation, maintenance or storage of any
radiation generator or, as the case may be, nuclear substances or radioactive
materials;
(d) inspect
all measures and records pertaining to environmental and personnel monitoring
and disposal of radioactive wastes;
(e) obtain
any other information required for the safety evaluation of any radiation
generator or nuclear installation concerned; and
(f) lock and
seal any nuclear installation or radiation generator, or any part thereof,
where any nuclear substance or radiation generator is being used, stored,
operated or maintained in contravention of the provisions of this Ordinance or
the rules and regulations made thereunder.
30. Fixation of extent of civil
liability. The Authority shall have
the power to fix the extent of civil liability for an operator in case of
various nuclear incidents.
31. Absolute and exclusive liability
of an operator. An operator shall be
absolutely and solely liable for nuclear damage upon proof` that such damage
has been caused by a nuclear incident
(a) in his
nuclear installation, however, caused such as handling, storage, use, etc.; and
(b) involving
nuclear material coming from, or originating or originally received in, his
nuclear installation.
32. Insurance or other financial
guarantee. Every opera or of a
nuclear installation shall maintain insurance or other financial guarantee adequate
to cover his civil liability for nuclear damage, in such amount of such type
and on such terms as the Authority may from time to time, determine.
33. Indemnity by the Federal
Government. The Federal Government
shall ensure payment of claims against any operator liable for nuclear damage
and for such damage by providing necessary funds to the extent that the yield
of insurance or other financial guarantee maintained by the operator under
section 32 falls short to satisfy such clams in full:
Provided that in no case shall the
civil liability of the Federal Government be more than fifteen times the
insurance or the financial guarantee required to be carried b an operator of a
nuclear installation:
34. Saving as to governmental and
certain other installations. Nothing
in section 32 shall apply to a nuclear installation owned and operated by the
Federal Government and the Federal Government shall assume limited civil
liability up to at least an amount to be determined by the Authority for any
nuclear damage in the event of a nuclear incident in any such nuclear
installation.
35. Claim against foreign operators. In the event of nuclear incident occurring within
36. Limitation. (1) The right to compensation under this Ordinance
shall be extinguished if any action is not brought within ten years from the
date of the nuclear incident and within three years from the date on which the
person suffering nuclear damage had knowledge of the nuclear damage provided
that the period shall in no case exceed ten years.
(2) Where nuclear damage is caused by a
nuclear incident involving nuclear material which at the time of the nuclear
incident was stolen, lost, jettisoned or abandoned, the period established
pursuant to subsection (1) shall be computed from the date of that nuclear
incident, but the period shall in no case exceed twenty years from the date of
the theft, loss, jettison or abandonment.
37. Re-adjustment. Any person suffering nuclear damage, who has brought
an action for compensation within the period specified in section 35 may amend
his claim to take into account any aggravation of the damage, even after the
expiry of that period, provided the final judgement has not been entered.
38. Co-operation with International
Organization, etc. In order to carry
out its functions in a smooth and effective manner, the Authority may, with the
prior approval of the Federal Government, enter into co-operation agreements
with any other nuclear regulatory authority or international organization in
respect of the peaceful uses of atomic energy pursuant to the express terms and
conditions of any programme or agreement for co-operation to which such
authority or organization is a party or pursuant to any other international
arrangement made before or after the commencements of this Ordinance.
39. Environmental surveillance and
radiation emergency plans.
(1) The Authority shall ensure,
implement and co-ordinate national programme of environmental surveillance to
check any build-up of environmental radioactivity that might affect the public.
Such programme shall be carried out in collaboration with various governmental,
public or private bodies concerned.
(2) The Authority shall ensure,
co-ordinate and enforce preparation of emergency plans for action to be taken
following foreseeable types of nuclear incidents that might affect the public.
Such plans shall include arrangements for reporting and communication, the
co-ordination of action between the various public bodies involved, the
training of personnel and the provision of necessary facilities and
instrumentation.
(3) If the radiation from environmental
contamination by radioactive material reaches a level of intensity at which
public health may be endangered, the Authority shall at once notify the
Federal, Provincial, local and other authorities concerned who shall
immediately take, in consultation with the Authority, all necessary protective
and safety measures.
(4) The protective and safety measures
referred to in sub-sections (1), (2) and (3) may include restrictions on the
movements of persons and objects such as confining people to their homes,
isolating people and objects, limiting the transfer of persons and foods,
curtailing or prohibiting sales of foodstuffs, farm products and the use of
water, evacuating certain zones or forbidding entry thereto,
rendering dangerous objects harmless, destroying animals and dispensing of the
bodies.
(5) If in the opinion of the Authority
it is necessary, the Civil Defence Organization, the police or other law
enforcing agencies or the Armed Forces may be called upon to assist in the
implementation of the measures specified in sub-section (4).
40. Appointment of officers,
employees and consultants. (1) Subject to the provisions of sub-section (3), the
Authority may appoint such officers, employees and consultants as it may
consider necessary for the efficient performance of its functions on such terms
and conditions as it may deem fit.
(2) The Authority may also borrow the
services of officers, employees and consultants of other organizations on ouch
terms and conditions as may be mutually settled between the lending
organization and the Authority.
(3) The method and procedure of
appointment and the terms and conditions of service of officers and employees
shall be regulated by rules to be made with the prior approval of the Federal
Government under Section 55:---
Provided that till such time such Rules
are made under Section 55, the PAEC Service Regulations as amended from time to
time shall, mutatis mutandis regulate appointments of officers and employees
and the terms and conditions of their Service.
41. Funds of the Authority.
- The funds of the Authority shall
comprise:---
(a) funds of
the Commission related to the Directorate of Nuclear Safety and Radiation
Protection as transferred to the Authority under section 54;
(b) grants
from the Federal Government;
(c) grants
from a Provincial Government;
(d) income
from the grant of authorization and issue of licence;
(e) international
grants; and
(f) receipts
from such other sources as may be approved by the Authority.
42. Budget. The Authority shall, in respect of each financial
year, submit for the approval of the Federal Government, by such date and in
such form as tray be prescribed by rules, a statement showing .the estimated
receipts and expenditures.
43. Audit and accounts. (1) The Authority shall maintain complete and
accurate books of accounts of its actual expenses and receipts in such form and
manner as the Federal Government may, in consultation with the Auditor-General
of
(2) The accounts of the Authority shall
be audited by the Auditor-General of
44. Offences. (1) Any person who contravenes any of the -provisions
of sections 19, 20, 21, 22 or 23 shall be punishable with imprisonment for a
term which may extend to seven years, or with fine which may extend to one million
rupees, or with both.
(2) Any person who fails to furnish any
return required under this Ordinance or the rules and regulations made
thereunder, or willfully furnishes any false return or information, or
obstructs any officer or other person duly authorized under this Ordinance in
the discharge of his duty thereunder, shall be punishable with imprisonment for
a term which may extend to one year, or with fine which may extend to 0.25
million rupees, or with both.
(3) Any operator licensed under section
19 or any person authorized under sections 20, 21, 22 or 23, who contravenes
any of the provisions of any rules or regulations made under this Ordinance, or
any term or conditions imposed thereunder, shall be punishable with
imprisonment for a terns which may extend to three years, or with tine which
may extend to 0.5 millions rupees or with both.
(4) Any person who fails to comply
with, or contravenes any provisions, conditions or requirements contained under
this Ordinance or the rules and regulations made thereunder or commits an
offence where no penalty is elsewhere provided, shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may
extend to 0.1 millions rupees, or with both.
45. Cognizance of offences.
(2) Notwithstanding anything contained
in the Code of Criminal Procedure, 1898 (Act V of 1898),---
(a) no Court
inferior to that of a Judicial Magistrate of the first class shall try an
offence punishable under this Ordinance; .
(b) all
offences under this Ordinance shall be non-bailable; and
(c) it shall
be lawful for any Judicial Magistrate of the first class to pass any sentence
authorized by this Ordinance.
(3) The Authority, before filing a
complaint under sub-section (1), shall give show cause notice and opportunity
of being heard to the licensee.
46. Tribunals. (1) The Authority may, from amongst its professional
staff, establish special tribunals for resolving disputes between its
Directorates and licensees or such other matters as the Authority may assign.
(2) The Authority's determinations on
decisions by tribunals set up under sub-section (1) shall be deemed to be
decrees of a civil court under the Code of Civil Procedure, 1908(Act V of 1908).
47. Mode of
recovery. All sutras payable to the
Authority under the provisions oh this Ordinance and the rules and regulations
made thereunder shall be recoverable as arrears of land revenue.
48. Power to exempt. The Authority may, by notification in the official
Gazette, exempt any activity, person, class of persons, quantity of a nuclear
substance or radiation facility, temporarily or permanently, from the
application of all, or any of, the provisions of this Ordinance subject to such
conditions, as it may specify in the notification.
49. Submission of periodical
reports, etc. The Authority shall
submit to the Federal Government periodical reports, accounts statements, or
any other report at such time and at such intervals as the Federal Government
may specify.
50. Discoveries and inventions to
vest in the Authority. All rights
relating to discoveries and inventions and any improvements in materials,
methods, processes, apparatus or equipment made by any officer or employee of
the Authority in the course of his employment shall vest in the Authority.
51. Declaration of fidelity and
secrecy. The chairman, every member,
adviser, consultant, officer or any other employee of the Authority shall,
before entering upon his duties, shall make declaration of fidelity and secrecy
as may be prescribed by rules.
52. Chairman, members, etc., to be
public servants. - The Chairman,
members, officers and employees of the Authority shall, when acting or
purporting to, act in pursuance of any of the provisions of this Ordinance, be
deemed to be public servants within the meaning of section 21 of the Pakistan
Penal Code 1860(Act XLV of 1860).
53. Indemnity. No suit, prosecution or other legal proceedings shall
lie against the Authority, the Chairman, members, officers and servants of the
Authority in respect of anything which is in good faith done or intended to be
done under this Ordinance.
54. Dissolution of PNRB and DNSRP
and transfer of rights and liabilities of the Commission regarding DNSRP to the
Authority. -Upon commencement of this
Ordinance the Pakistan Nuclear Regulatory Board (PNRB) set up under the Prime
Minster's Secretariat Notification, dated the 30th October, 1994, and the
Directorate of Nuclear Safety and Radiation Protection (DNSRP) of the
Commission set up under the Pakistan Nuclear Safety and Radiation Protection
(PNSRP) Ordinance 1984, shall stand dissolved and upon such dissolution:---
(a) all
assets, rights, powers, authorities and privileges, and all property, movable
and immovable, cash and bank balances, reserve funds, investments and all other
interests and rights in, or arising out of, such property and all debts,
liabilities and obligations of whatever kind of the PNRB and of the Commissions
relating to DNSRP subsisting immediately before its dissolution shall stand
transferred to and vest in the Authority;
(b) all
officers, consultants, advisers, auditors and other employees of the PNRB and
of the Commission working in the DNSRP shall have option to remain on the
strength of the Commission or to join the Authority, those opting for the
Authority shall, notwithstanding anything contained in any law or in any agreement, decd, document or other instrument, stand transferred
to the Authority and shall be deemed to have been appointed or engaged by the
Authority in accordance with the terms and conditions of service prescribed by
regulations, and no officer, consultant, adviser, auditor or other employee whose
services are so transferred shall be entitled to any compensation because of
such transfer; and
(c) all
debts and obligations, incurred or contracts entered into or rights acquired
and all matters and things engaged to be done by, with or for the DNSRP, or
with or for the Commission related to DNSRP, before dissolution of DNSRP shall
be deemed to have been incurred, entered into, acquired or engaged to be done
by, with or for the Authority.
55. Power to make rules. The Authority may, with the approval of the Federal
Government, by notification in the official Gazette, make rules for carrying
out the purposes of this Ordinance.
56. Power to make regulations.(1)
The Authority may, by notification in the official Gazette, make regulations,
not inconsistent with this Ordinance and the rules, for carrying out the
purposes of this Ordinance.
(2) In particular and without prejudice
to the generality of the foregoing power, such regulations may provide for,---
(a) charging
and collection of fees in connection with its licensing and regulatory
functions provided that such fees shall be imposed by regulations on the basis
of such published criteria as the Authority deems appropriate, taking into
consideration among other criteria the nature of the activity authorized; and
(b) charging
of consultation fees and expenses, etc., from the applicant for any services
provided, including the expenses of any consultation of experts. .
57. Expenses for safety measures or
medical examination. -The expenses of
any safety measures or medical examination carried out under this Ordinance or
any regulations made thereunder shall be borne by the applicant.
58. Ordinance to override other
laws. This Ordinance shall have
effect notwithstanding anything contained in any other law for the time being
in force.
59. Removal of difficulties. If any difficulty arises in giving effect to the
provisions of this Ordinance, the Federal Government may make such orders not
inconsistent with the provisions of this Ordinance, as may appear to it to be
necessary for the purpose of removing the difficulty:---
Provided that no such power shall be
exercised alter the expiry of one year from the commencement of this Ordinance.
60. Repeal and
savings. (1) The Pakistan Nuclear Safety and Radiation
Protection Ordinance, 1984(IV of 1984), is hereby repealed.
(2) All regulations, guides, regulatory
requirements, procedures etc., made under the provisions of the Pakistan
Nuclear Safety and Radiation Protection Ordinance, 1984, and in force
immediately before the commencement of this Ordinance, shall, mutates mutandis
and in so far as they arc not inconsistent with any of the provisions of this
Ordinance, shall continue in force until repealed or altered by rules or
regulations made under this Ordinance.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home