Updated: Friday May 24, 2013/AlJumaa Rajab 15, 1434/Sukravara Jyaistha 03, 1935, at 11:08:40 AM

The Pakistan Nuclear Safety and Radiation Protection Ordinance, 1984

 

Sections

Contents

1

Short title, extent and commencement

2

Definitions

3

Ordinance to override other laws

4

Powers of the Commission, etc

5

License required for certain activities

6

Licenses

7

Inspectors

8

Power to make regulations

9

Offences, penalties, and procedure


The Pakistan Nuclear Safety and Radiation Protection Ordinance, 1984

IV of 1984

26th January, 1984

An Ordinance to provide for the regulations of nuclear safety and radiation protection in Pakistan.

WHEREAS it is expedient to provide for the regulations of nuclear safety and radiation protection in Pakistan and for matters connected therewith or ancillary thereto,

AND WHEREAS the President is satisfied that circumstances exist winch render it necessary to take immediate action,

NOW, THEREFORE, in purchase of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:---

1. Short title, extent and commencement:---

(1) This Ordinance may be called the Pakistan Nuclear Safety and Radiation Protection Ordinance, 1 984.

(2) It extends to the whole of Pakistan

(3) It shall come into force at once.

2. Definitions: In this Ordinance, unless there is anything repugnant in the subject or context,---

(a) ‘atomic energy’ has the same meaning as in the Pakistan Atomic Energy Commission Ordinance, 1965, and includes X-rays; (XVII of 1965)

(b) ‘chairman’ means the Chairman of the Commission;

(c) ‘Commission’ means the Pakistan Atomic Energy Commission established under the Pakistan Atomic Energy Commission Ordinance, 1965; (XVII of 1965).

(d) ‘Inspector’ means a person designated as such under sub-section (1) of Section 7;

(e) ‘ionizing radiation’ means electromagnetic or particulate radiation capable of producing ions directly or indirectly in its passage through matter;

(f) ‘Licence’ means a licence issued under subsection (1) of Section 6;

(g) ‘nuclear damage’ means loss of life, any personal injury, or any loss of or damage of property which arises out of or results from the radioactive properties, or a combination of radioactive properties with toxic explosive or other hazardous properties of nuclear sub-stances, radioactive materials or radioactive products or wastes in, or nuclear materials 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 or radiations apparatus,

(h) ‘nuclear fuel’ means any material, which is capable of producing energy by a self-sustaining chain process of nuclear fission, nuclear fusion or other nuclear transmutation

(i) ‘nuclear incident’’ means any material- which is capable of producing energy by a self-sustaining chain process of nuclear fission, nuclear fusion or other nuclear transmutation.

(j) ‘nuclear installation’ includes,---

(i) any nuclear reactor used for the production of heat, power or isotopes for research or for any other purposes,

(ii) any facility using nuclear fuel for the production of nuclear material, or for the processing and enrichment of nuclear materials including the reprocessing or irritated nuclear fuel, and

(iii) any facility where nuclear substance is stored, cither permanently, temporarily or during transit,

(k) ‘nuclear material’ means,---

(a) nuclear fuel, other than natural uranium and depleted uranium, and includes materials 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

(b) radioactive products oand wastes.

(l) ‘nuclear substance’ means any substance or nuclear material which the Commission 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:---

(m) ‘operator’’ in relation to a nuclear installation means the person licensed under Section 6.

(n) ‘person’ means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency including the Commission, any state or any political sub-division or any political entity within a state, any foreign government or nation, or any political sub division of any such government or nation or other entity, and includes any legal successor, representative, agent or agency of any of the aforesaid,

(o) ‘prescribed’ means prescribed by regulations,

(p) ‘radiation incident’ is an abnormal event to the loss of control over a radiation source which can directly or indirectly involve nuclear damage;

(q) ‘radiation apparatus’ means any accelerator or any other equipment which emits ionizing radiation, including X-rays, machines used for medical, surgical or dental diagnostics or treatment of human beings;

(r) ‘radioactive materials’ includes nuclear fuel, nuclear materials, and nuclear substances naturally occurring or artificially produced, provided that the specific activity of the material is not less than 0.074 kbq/gm (0.002) microcuries per gram,

(s) ‘regulations’ means regulations made under section 8; and

(t) ‘vehicle’ means any ship, railway tram, bus, automobile, truck, aircraft or any other means of transportation by sea, land or air.

3. Ordinance to override other laws: This ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

4. Powers of the Commission, etc.

(1) For the purpose of controlling, regulating and supervising all matters related to nuclear safety and radiation protection measures the Commission shall have the power to,---

(a) make and enforce such regulations, orders or codes of practice for nuclear safety and radiation protection as may in its opinion be necessary;

(b) plan, develop and execute comprehensive policies and programmes for the protection of life, health and property against risk of ionizing radiation,

(c) control and regulate the radiation safety aspects of exploitation of radioactive ores and the production, import and export, transport, possession, processing, reprocessing, use. sale, transfer, storage or disposal of nuclear substances and radioactive materials or any other prescribed substance or equipment used for production or application of nuclear energy,

(d) direct all Federal, Provincial, Local and other authorities to immediately enforce all necessary measures to mitigate the effects of nuclear incident on public health and environment,

(e) issue Licenses for the production, storage, disposal, trade in and use of nuclear substances and radioactive materials or any other prescribed or equipment used for production or application of nuclear energy;

(f) establish the extent of insurance to carried by licensee against the risks of nuclear damage to the public;

(g) inspect all licensed installation to ensure that the regulations are being properly followed;

(h) advise Government departments, educational and research institutions, public or private industry and other undertakings or questions related to nuclear safety and radiation protection, and

(i) do all such other acts and things, including research and development, as may he necessary for giving effect to the provisions of the Ordinance.

(2) The Commission shall make all necessary organizational arrangements, including the establishment of a Directorate of Nuclear Safety and Radiation Protection, to execute, enforce and supervise nuclear safety and radiation protection measures under the powers upon the Commission by or under this Ordinance.

(3) The Commission may, by general or special order in writing, direct such of its powers, under tins Ordinance shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or such officers of the Commission as may be so specified

(4) The Commission may, from time to time, appoint such Advisory Committees or other bodies as it may consider necessary for assisting the Commission in the performance of its functions generally, or for advising on or evaluating any particular radiation safety aspect under the provisions of this Ordinance,

(5) In the performance of its functions, the Commission shall be guided on question of policy by the instructions, if any, given to it by the Federal Government which shall be the sole Judge as to whether a question is a question of policy.

5. License required for certain activities: On or after such date as the Commission may, by notification in the official Gazette, appoint in this behalf, no person shall unless he is exempted by the regulations or unless he is the holder of License by the Commission authorizing him to do so,---

(a) acquire, manufacture, construct, install or operate any nuclear installation or radiation apparatus,

(b) explore for, mine, mill, extract, use, sell, lease, buy, transfer, transport, import, export, convert, enrich, process, reprocess, fabricate or dispose of any nuclear substance or nuclear material or other prescribed substances,

(c) discharge radioactive waste,

(d) cause a nuclear powered vehicle to enter Pakistan, or

(e) manufacture, sell, distribute or otherwise dispose of food that has been treated or contaminated by ionizing radiation.

6. Licenses:---

(1) The Commission may, on application made to it accompanied by the prescribed fee, issue a License authorizing the carrying out of such activities as are specified in the License for such period as may he so specified.

(2) The Commission 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.

(3) The Commission may prescribed terms and conditions that may be attached to a License including the condition to have and maintain financial protection for nuclear damage to cover public liability claims.

(4) The Commission 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.

7. Inspectors:---

(1) The Commission may designate any person as an Inspector for the purposes of this Ordinance.

(2) An Inspector may be,---

(a) enter, inspect and search any installation, place, vehicle or premises to verify that the regulations and the terms and conditions of a License issued thereunder are being compiled with;

(b) examine records, carry out tests and investigations and other information for safety evaluation; and

(c) direct such actions to be taken to protect the health and safety of public and the environment as may be specified in the regulations from tune to time.

(3) If in the opinion of an Inspector a violation of the conditions of a License has taken place in any premises, he may with the approval of the Commission order work to be stopped in the said premises until he is satisfied that the risks to public and the operator holding the License is not greater than that when the License was granted

8. Power to make regulations: The Commission may, by notification in the official Gazette make regulations,---

(a) for controlling, licensing and supervising the use and application of atomic energy and the activities referred to in section 5,

(b) for prescribing the procedure to be followed for the issuance, amendment, renewal, suspension and revocation of a License and the terms and conditions that may be attached to a License,

(c) for the general protection of the public and the environment from hazards associated with the activities referred to in section 5;

(d) for providing for the protection of persons who, because of the work or professional activity, may come into contact with, or may be exposed to, nuclear substances, radioactive materials or other prescribed substances,

(e) for establishing safety standards and codes;

(f) for prescribing special precautions to be taken to protect nuclear substances, radioactive materials and other prescribed substances from being lost, stolen or destroyed or failing into the possession of unauthorized person,

(g) for prescribing the manner in which nuclear substances, radioactive materials and other prescribed substances are to be stored packaged, handled and prepared for transportation.

(h) for prescribing nuclear installations or classes of persons which or who are exempted from the application of section 5,

(i) for prescribing the procedure to be followed for the distribution of compensation to victims of nuclear damage, and

(j) generally for carrying out of the purposes of this Ordinance.

9. Offences, penalties, and procedure:---

(1) Any person who contravenes or fails to comply with, any provision of section 5 of the regulations or the conditions of a License shall he punishable with imprisonment for a term which may extend to seven years, or with fine which may extend to one hundred thousand rupees, or with both.

(2) No Court shall take cognizance of an offence punishable under this Ordinance except upon complaint in writing made by a person authorized in writing in this behalf by the Commission.

 

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