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Constitution Order

5180 THE GAZETTE OF INDIA:DECEMBER 31,1983/PAUSA 10,1905[PART II-SEC.3(II)

DEPARTMENT OF ATOMIC ENERGY

New Delhi the 15th November, 1983

S.O.4772 -- In exercise of the powers conferred by Section 27 of the Atomic Energy Act, 1962 (33 of 1962), and all other powers enabling him in this behalf, the President is pleased to constitute an Atomic Energy Regulatory Board (AERB) to carry out certain regulatory and safety functions envisaged under Section16, 17 and 23 of the Act.; The Board shall consist of full time and part time members. The Board shall have a full time Chairman and a full time Member-Secretary. The total number of members including the Chairman and Member-Secretary shall not exceed five. The Board shall be responsible to the Atomic Energy Commission.

The Atomic Energy Regulatory Board shall have powers to lay down safety standard and frame rules and regulations regarding to the regulatory and safety requirements envisaged under the Atomic Energy Act,1962. The functions of Atomic Energy Regulatory Board shall be to:

  • Develop Safety Codes, Guides and Standards for siting, design, construction, commissioning, operation and decommissioning of the different types of plants, keeping in view the international recommendations and local requirements and develop safety policies in both radiation and industrial safety areas.
  • Ensure compliance by DAE and non-DAE installations of safety codes and standards during construction commissioning stages
  • Advise AEC/DAE on technical matters that may specifically be referred to it in connection with the siting, design, construction, commissioning, operation and decommissioning of the plants under DAE.
  • Review from the safety angle requests for authorising/ commissioning/ operation of DAE Projects/plants. Before authorisation of commissioning/ operation of the plant/ project is granted, the AERB will be satisfied by appropriate review of:
  • Final design Analysis Report prepared by the project plant;
  • Commissioning reports and results thereof; and
  • Proposed operating procedures and operational limits and conditions; that the plant/project can be operated without undue risk to the operating personnel and the population. For this purpose, AERB may ask for relevant additional supporting information.
  • Review health and safety aspects of modifications in design/ operation involving changes in the technical specification adopted in any of the DAE units.
  • Review operational experience in the light of the radiological and other safety criteria recommended by the international Commission on Radiological Protection, International Atomic Energy Agency and such other international bodies and adapted to suit Indian conditions, and thereby evolve major safety policies.
  • Prescribe acceptable limits of radiation exposure to occupational workers and members of the public and approve acceptable limits of environmental release of radioactive substances. (In the DAE units, the AERB shall also prescribe limits for environmental release of conventional pollutants)
  • Review the emergency preparedness plans prepared by the different DAE units, similar plans for non-DAE installations and during transport of large radioactive sources (e.g. irradiated fuel kilo/mega curie sources, fissile materials).
  • Promote research and development efforts for fulfilling the above functions and responsibilities.
  • Review the training programme, qualifications and licensing policies for personnel by the project/plants.
  • Prescribe the syllabi for training of personnel in safety aspects at all levels.
  • Enforce rules and regulations promulgated under the Atomic Energy Act, 1962 for radiation safety in the country and under the Factories Act, 1948 for industrial safety in the units under the control of DAE.
  • Maintain liaison with statutory bodies in the country as well as abroad regarding safety matters.
  • Take such steps as necessary to keep the public informed on major issues of radiological safety significance.
  • Perform such other functions as may be assigned to it by the Atomic Energy Commission.
  • Send reports periodically to Chairman, AEC on safety status including observance of safety regulations and standards and implementation of the recommendations in all DAE and non-DAE units. It will also submit an Annual Report of its activities to Chairman, AEC. The Board shall be assisted by the DAE SRC and DRP BARC in the performance of its functions at (ii), (iv), (v) and (xii) above. In this function the SRC shall enforce the safety standards stipulated by the AERB in the operating units of the DAE and undertake safety surveillance as well as review proposed changes in design and safety related incidents in operating plants. Periodic reports on the safety status in the operating units of DAE shall be submitted by SRC to the AERB. Instances involving non-compliance of the AERB's directives by and operating units of the DAE shall be reviewed by the SRC who, if necessary, will impose restrictions/suspension of the operation of the facility under intimation to DAE and AERB. For non-DAE units, the AERB will be assisted by the Division of Radiological Protection, Bhabha Atomic Research Centre. Violations of safety standards laid down by AERB shall be subject to further review by the AERB. Appeals against decisions of the AERB shall be with the Atomic Energy Commission whose decision shall be final.

The AERB will have the powers of the Competent Authority to enforce rules and regulations framed under the Atomic Energy Act, 1962 for radiation safety in the country.

The AERB shall have authority to administer the provisions of the Factories Act, 1948, the industrial safety for the units of DAE as per Section 23 of the Atomic Energy Act,1962.

The executive functions of the AERB shall be vested in Chairman, AERB. He shall exercise full powers of the Head of a Department under the Delegation of Financial Power Rules, Supplementary Rules. General Financial Rules, General Provident Fund Rules, Contributory Provident Fund Rules, Treasury Rules and other relevant orders issued from time to time. He is empowered to delegate such of his powers as are re-delegatable to any of the officers in the AERB Secretariat.

The DAE will provide the necessary administrative support to the AERB in this regard to its budget, parliamentary work and establishment and accounts matters.

This order is issued in suppression of all previous orders on the subject. With the creation of the AERB, the function and responsibilities of the DAE SRC are being redefined in a separate order.

                                                                                                                                                                    [No.25/2/83-ER]
  
                                                                                                                                                                    R.RAMANNA,Secy

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