Atomic Energy Authority Act (Chapter 223) (1969) | ESCAP Policy Documents Managment

Meta Data

Draft:

Revision of previous policy?:

Draft Year:

1969

Effective Start Year:

1969

Scope:

National

Document Type:

Act

Economic Sector:

Energy

Energy Types:

Nuclear

Issued by:

Government of Sri Lanka

Source:

Commonlii

File:

Atomic Energy Authority Act (Chapter 223) (1969)

Overall Summary:

This act provides for the establishment of an atomic energy authority and an advisory committee to advise such authority, to specify the powers, duties, rights and functions of such authority, and to provide foe matters connected therewith or incidental thereto.

Governance

Energy institutional structures:

There shall be established an Authority which shall be called the Atomic Energy Authority (hereinafter in this Act referred to as the "Authority "). [...] The Authority shall have power - (a) to produce, use and dispose of atomic energy and carry out research into any matters connected therewith; (b) to manufacture or otherwise produce, buy or otherwise acquire, store and transport any article which in the opinion of the Authority is, or likely to be required for or in connection with the production or use of atomic energy or such research as aforesaid, and to dispose of any article manufactured, produced, bought or otherwise acquired by the Authority; (c) to manufacture or otherwise produce, buy or otherwise acquire, treat, store, transport and dispose of any radioactive material; [...]

Full Document Text

Atomic Energy Authority Act (No. 19 of 1969) - Sect 1

Short title

1. This Act may be cited as the Atomic Energy Authority Act, No. 19 of 1969.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 2

Establishment of the Atomic Energy Authority

(1) There shall be established an Authority which shall be called the Atomic Energy Authority (hereinafter in this Act referred to as the "Authority ").

(2) The Authority shall consist of not less than four and not more than seven members appointed by the Minister from among persons who appear to the Minister to have had experience and shown capacity in dealing with matters connected with atomic energy, administration or finance.

tomic Energy Authority Act (No. 19 of 1969) - Sect 3

Disqualification for being appointed or being a member of the Authority

3. A person shall be disqualified for being appointed or being a member of the Authority so long as he is a Senator or a Member of Parliament,

Atomic Energy Authority Act (No. 19 of 1969) - Sect 4

Term of office of members of the Authority

(1) Every member of the Authority shall hold and vacate his office in accordance with the terms of his appointment, but he may resign his office by letter addressed to the Minister. He shall, on ceasing to be a member, be eligible for reappointment.

(2) The Minister may, if he thinks it expedient to do so, remove from office any member of the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 5

Chairman of the Authority

(1) The Minister shall appoint one of the members of the Authority to be its Chairman,

(2) The Chairman of the Authority shall hold and vacate his office in accordance with the terms of his appointment but he may resign his office by letter addressed to the Minister. He shall, on vacating his office, be eligible, so long as he is a member of the Authority, for reappointment.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 6

Remuneration of members of the Authority

6. Where the Minister, in consultation with the Minister of Finance, decides that remuneration should be paid to each member of the Authority and determines the remuneration to be so paid, the Authority shall pay such remuneration.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 7

Remuneration for employment of members of the Authority otherwise than as such member

7. Where any member, other than the Chairman, of the Authority is employed about the affairs of the Authority otherwise than as such member, the Authority shall pay to that member such remuneration, if any, (in addition to any remuneration to which he may be entitled in respect of his office as such member), as the Minister may, in consultation with the Minister of Finance, determine.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 8

The Authority to be a corporation

8. The Authority shall, by the name assigned to it by sub-section (1) of section 2, be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 7

Remuneration for employment of members of the Authority otherwise than as such member

Atomic Energy Authority Act (No. 19 of 1969) - Sect 8

The Authority to be a corporation

8. The Authority shall, by the name assigned to it by sub-section (1) of section 2, be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 9

Seal of the Authority

9. The seal of the Authority-

(a) shall be in the custody of such person as the Authority may from time to time determine;

(b) may be altered in such manner as may be determined by the Authority; and

(c) shall not be affixed to any document except with the sanction of the Authority and in the presence of two members of the Authority who shall sign the document in token of their presence.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 10

The Authority may acquire and hold property, raise loans, appoint the necessary staff, &c

10.

(1) The Authority may acquire, hold, take or give on lease or hire, mortgage, pledge and sell or otherwise dispose of any movable or immovable property.

(2) The Authority may appoint such officers and servants as may be necessary for the performance of the work of the Authority. The conditions of employment, including remuneration, of any officer or servant appointed under this sub-section shall be determined by the Authority.

(3) The Authority may do such other things as are incidental or conducive to the attainment of its purposes.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 11

Quorum

11. The quorum for a meeting of the Authority hall be three.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 12

The Authority may act despite vacancy

12. The Authority may act notwithstanding a vacancy among its members so long as the number of members of the Authority is sufficient to constitute a quorum for a meeting of the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 13

Disclosure of interest of a member of the Authority in a contract made or pro posed to be made by the Authority

13.

(1) A member of the Authority who is directly or indirectly interested in a contract made or proposed to be made by the Authority shall, as soon as possibilities the relevant circumstances have come to his knowledge, disclose the nature of his interest at meeting of the Authority.

(2) Any disclosure made by a, member of the Authority under sub-section (1) shall be recorded in he minutes of the Authority and that member-

	(a) shall not take part after the disclosure in any deliberation or decision of the Authority with respect to the contract to which the disclosure relates, and

(b) shall be disregarded for the purpose of constituting a quorum of the Authority for any such deliberation or decision.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 14

The Authority may regulate its procedure

14. Subject to the other provisions of this Act, he Authority may regulate its procedure.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 15

Functions of the Authority

15.

(1) The Authority shall undertake and make arrangements for the conduct of research and development activities relating to-

	(a) the production of atomic energy, including processes, materials, and devices relating to such production;

	(b) the utilization of fissionable and radioactive materials for medical, agricultural, industrial and other peaceful purposes;

	(c) the protection of health during such research and development activities;

	(d) the protection of health of persons employed at premises or places in which any radioactive materials are manufactured, produced. treated, stored or used or any irradiating apparatus is used, and the prevention of injury caused by ionizing radiations to the health of other persons; and

	(e) the protection of health of persons transporting radioactive materials.

(2) The arrangements referred to in sub-section (1) shall contain such provisions to protect health, t minimize danger from explosion and other hazard to life and property, and to require the reporting and to permit the inspection of work performed there under, as the Authority may determine.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 16

Powers of the Authority in regard to the production. use and disposal of atomic energy, &c

16. The Authority shall have power-

(a) to produce, use and dispose of atomic energy and carry out research into any matter connected therewith:

(b) to manufacture or otherwise produce, buy or otherwise acquire, store and transport any article which in the opinion of the Authority is, or is likely to be, required for or in connection with the production or use of atomic energy or such research as aforesaid and to dispose of any article manufactured produced, bought or otherwise acquired by the Authority;

(c) to manufacture or otherwise produce, buy or otherwise acquire, treat, store, transport and dispose of any radioactive material;

(d) to do all such things (including the erection of buildings and the execution of works) as appear to the Authority necessary for the exercise of the aforementioned powers;

(e) to make arrangements with universities and other institutions or persons both in. Ceylon and abroad and Government Departments for the conduct of research into matters connected with atomic energy or radioactive materials and, with the approval of the Minister given in consultation with the Minister of Finance, to make grants or loans to universities and other institutions or persons and Government Departments engaged in the production or use of atomic energy or radioactive materials or in research Into matters connected with atomic energy or radioactive materials;

(f) to make available for use in connection with such research or production conducted or carried out by any institution or person other than the Authority such of the Authority's equipment and facilities as the Authority may determine: and

(g) to distribute information relating to, and educate and train persons in matters connected with, atomic energy or radioactive materials.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 17

Power to obtain information

17.

(1) Any officer authorized in that behalf by the Authority may by written notice served on any person require such person to make such returns, at such times, and containing such particulars as may be specified in the notice, of all or any of the following: -

	(a) any such radioactive material 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 or research into matters connected therewith;

	(c) any contract entered into by him. or any right granted, by or to him relating to the production or use of atomic energy or research into matters connected therewith; and

	(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 the production or use of atomic energy or research into matters connected therewith.

(2) Any person who-

	(a) fails to comply with any notice served on him under sub-section (1), or

(b) knowingly makes any untrue statement in any return made in pursuance of such notice,

Atomic Energy Authority Act (No. 19 of 1969) - Sect 18

Control of importation, exportation, production, acquisition, treatment, storage, transport and disposal of radioactive materials

18.

(1) The Authority may by Order published the Gazette make such provision as it thinks expedient for prohibiting or regulating, subject to such exceptions, if any, as may be made by or under the Order-

	(a) the importation into, or exportation from, Ceylon of all radioactive materials, or radioactive materials of any class or description specified in the Order;

	(b) the production., acquisition, treatment, storage, transport and disposal of any radioactive material; and

	(c) the acquisition, production, possession, use disposal, export or import of any plan designed or adapted for the production of use of atomic energy or for research into matters connected therewith.

(2) Any person who contravenes or fails to complete with an Order made under sub-section (1) shall be guilty of an offence.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 19

Regulations for the control of the sale and supply of radio active materials and of the use of irradiating apparatus, for certain purposes

19.

(1) Regulations may be made, in consultation with, the Minister of Health, regarding-

	(a) the sale or supply of any material which contains more than a specified quantity of . radioactive chemical element (whether natural or artificial) and is intended to be taken internally by, injected into or applied to, a human being, with particular regard to the qualifications, and including i: necessary the licensing, of persons who sell and supply such materials; and

	(b) the use, for the purpose of the medical surgical or dental diagnosis or treatment of human beings, of any, or any specified class or description of, irradiating apparatus with particular regard to the qualifications and. including, if necessary, the licensing on persons who so use such apparatus.

(2) Any person, who contravenes or fails to comply with a regulation made for the purposes of this section shall be guilty of an offence.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 20

Safety regulations for certain occupations

20.

(1) With respect to any class or description of premises or places specified in the regulations being premises or places in which any radioactive materials are manufactured, produced, treated stored or used or any irradiating apparatus is used provision may be made by regulations-

	(a) to prevent injury being caused by ionizing radiations to the health of persons employed at those premises or places or other persons

	(b) to secure that any radioactive waste products resulting from such manufacture, production , treatment storage or use as aforesaid are disposed of safely;

	(c) for the enforcement of measures of environmental protection in respect of persons who reside in areas where work is carried on in regard to any source of ionizing radiation, including measures torn imposing requirements as to the erection or structural alteration of buildings or the carrying out of works; or

	(d) for the effective monitoring of equipment, materials and environment, and the medical examination and the treatment, both pro-phyla tic and curative, of persons who are exposed to ionizing radiation;

(2) With respect to the transport of any radio- active materials, regulations may be made to prevent injury being caused by such transport to the health of persons engaged therein and other persons.

(3) Regulations made for the purposes of this section may provide for imposing requirements, prohibitions and restrictions on employers, employees and other persons.

(4) Any person who contravenes or fails to comply with a regulation made for the purposes of this section shall be guilty of an offence.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 21

Use of installations, equipment and materials for laboratory or experimental purposes

21.

(1) The officers and servants of the Authority nay, without any such licence, permit or approval as nay be required by any other written law, maintain and use, on any premises lawfully occupied by the Authority for laboratory or experimental purposes, such installations, equipment, and materials as they may consider necessary or desirable for those purposes.

(2) The provisions of sub-section (1) shall not be deemed to relieve the Authority of responsibility for taking reasonable precautions for the safety and protection of persons and property or for liability 'or the consequence of the acts of its officers and servants in the course of their employment.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 22

No atomic weapon to be produced or developed

22.

(1) The Authority or any other persons shall lot produce or develop, or cause the production or development of, any atomic weapon or part of an atomic weapon, or conduct or cause to be conducted experimental work with the intention that it shall lead to explosive nuclear assemblies for atomic weapons.

(2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence punishable with imprisonment not exceeding twenty years on conviction after trial by an appropriate court.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 23

Powers of entry and inspection

23.

(1) The Permanent Secretary may, on the recommendation of the Authority, authorize in writing any person to enter at all reasonable hours any premises, (other than premises solely used for residential purposes), vehicle, vessel or aircraft for the purpose of ascertaining whether there has beer committed, or is being committed, in or in connection with the premises, vehicle, vessel or aircraft and offence under this Act.

(2) The Permanent Secretary may, on the recommendation of the Authority, authorize in writing any person to enter at all reasonable hours an} premises where such person has reasonable grounds for believing that work is being carried out for the purposes of or in connection with the production of use of atomic energy or research into matters connected therewith, or that there is any prescribed substance, or any plant designed or adapted for the production or use of atomic energy or research into matters connected therewith, and may inspect the premises and any articles found therein, and make copies of, or extracts from, any drawing, plan on other document found in the premises and, for the purpose of making such copies or extracts, may remove any such drawing, plan or other document and retain possession thereof for a period not exceeding seven days.

(3) Any person who wilfully obstructs any other person exercising powers conferred on that person by sub-section (1), or sub-section (2), shall be guilt} of an offence.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 24

Compulsory acquisition of land required by the Authority. Cap. 460

24. Any land required for the purposes of the Authority shall be deemed to be needed for a public purpose and may be acquired by the Crown under the Land Acquisition Act and transferred to the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 25

Compulsory acquisition of plant required by the Authority

25.

(1) The Permanent Secretary may, on the recommendation of the Authority, and subject to and in accordance with the provisions contained in the Schedule to this Act, compulsorily acquire any plan designed or adapted for the production or use of atomic energy or research into matters connected therewith, and transfer the same to the Authority.

(2) In the case of any such plant affixed to any land as is compulsorily acquired under sub-section (1), the Permanent Secretary may cause it to be severed from the land, and shall, if such severance is made, cause any damage caused by such severance to be made good.

(3) Such compensation in respect of the acquisition of any plant under this section shall be paid by the Permanent Secretary to the person who is the owner and to any other person who has an interest in the plant, as may be agreed upon between the Permanent Secretary and such person or persons with the approval of the Minister of Finance or, in default of such agreement, as may be determined by an arbitrator mutually agreed upon by the Permanent Secretary and such person or persons or, failing such last-mentioned agreement, by an arbitrator appointed by the District Judge of Colombo. The arbitrator may, if he thinks fit, be assisted by not more than two assessors, and the fees of the arbitrator and assessors shall be payable by the Permanent Secretary or such person or persons in such proportion as the arbitrator determines.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 26

Acquisition of certain rights to patents by the Authority. Cap. 152

26.

(1) Notwithstanding anything to the contrary contained in the Patents Ordinance or any other law-

(a) the Permanent Secretary or any person authorized thereto by him may, on the recommendation of the Authority, by notice in writing served upon the holder of or any applicant for a patent which in the opinion of the Authority relates to or can be applied in connection with the processing or use of any prescribed material or the production, application or use of atomic energy, advise such holder or applicant that it desires to acquire the rights in the patent or the rights of the applicant to obtain a patent, as the case may be, and the service of such a notice shall have the effect of divesting the person upon whom it has been served of any such rights and vesting those rights in the Authority;

(b) if any rights in respect of which a notice has been served under paragraph (a), have been assigned or if any licence has been granted under a patent in respect of which such a notice has been served, the Permanent Secretary shall simultaneously with the service of that notice, or as soon as possible thereafter, cause a copy of the notice to be served upon the assignee or licensee and may at the same time cause such assignee or licensee to be informed that it desires to cancel the assignment or licence, and in that event such assignment or licence shall be deemed to have been cancelled.

(2) A copy of any notice served under paragraph (a), and of any communication addressed under paragraph (b) to an assignee of any rights in a patent or to a licensee under a patent, shall forthwith be transmitted by the Permanent Secretary to the Registrar within the meaning of the Patents Ordinance.

(3) Such compensation in respect of the acquisition of any rights to a patent under this section shall be paid by the Permanent Secretary to the holder, applicant, assignee, or licensee, hereinafter called a " person interested in the patent ", as may be agreed upon between the Permanent Secretary and such person interested in the patent with the approval of the Minister of Finance or, in default of such agreement, as may be determined by an arbitrator mutually agreed upon by the Permanent Secretary and such person interested in the patent or, failing such last-mentioned agreement, by an arbitrator appointed by the District Judge of Colombo. The arbitrator may, if he thinks fit, be assisted by not more than two assessors, and the fees of the arbitrator and assessors shall be payable by the Permanent Secretary or such person interested in the patent in such proportion as the arbitrator determines.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 27

Compulsory acquisition by the Authority of rights under contracts

27.

(1) The Permanent Secretary may, on the re- commendation of the Authority, cause to be served or any person who is party to a contract relating to the production or use of atomic energy or research into matters connected therewith, not being a contract for the rendering of personal services, a notice in writing stating that on such date as shall be specified in the notice the rights and liabilities of that person under the contract will be transferred to the Authority.

(2) Where a notice under sub-section (1) is served on any person, then, subject to any withdrawal of the notice under the succeeding provisions of this section, the contract to which the notice relates shall, as regards any rights exercisable, or liabilities incurred on or after the date specified in the notice in accordance with the provisions of sub-section (1), have effect as if the Authority were a party to the contract instead of such person and as if for any reference in the contract to such person there were substituted a reference to the Authority.

(3) A notice under sub-section (1) shall contain a statement to the effect that objections may be made thereto within such time and in such manner as shall be specified in the notice, and if any such objection is duly made and not withdrawn, the Permanent Secretary shall afford an opportunity to the person making the objections of appearing before and being heard by a person appointed by the Permanent Secretary for the purpose. The person so appointed shall make a report on such objections to the Permanent Secretary.

(4) After considering the objections duly made to a notice under sub-section (1) and the report made on such objections under sub-section (3), the Permanent Secretary may cause to be served on the person on whom that notice was served a further notice in writing withdrawing the original notice, and if the original notice has already taken effect, it shall cease to operate in relation to the contract to which it relates as regards any rights exercisable, or liabilities incurred, on or after the date on which the notice of withdrawal was served.

(5) Where the rights and liabilities of a party to a contract are transferred to the Authority under this section, the Permanent Secretary shall pay to that party such compensation in respect of any loss suffered by that party as may be agreed upon between the Permanent Secretary and that party with the approval of the Minister of Finance or, in default of such agreement, as may be determined by an arbitrator mutually agreed by the Permanent Secretary and that party or, failing such last-mentioned agreement, by an arbitrator appointed by the District Judge of Colombo. The arbitrator may, if he thinks fit, be assisted by not more than two assessors, and the fees of the arbitrator and assessors shall be payable by the Permanent Secretary or that party in such proportion as the arbitrator determines.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 28

Funds of the Authority

28.

(1) Such sums as may from time to time be granted for the purposes of the Authority by Parliament or by resolution of the House of Representatives shall form part of the funds of the Authority.

(2) The Authority may utilize its funds for defraying all expenditure incurred in the exercise of its powers and performance of its functions under this Act.

(3) Any expense incurred by the Permanent Secretary in the exercise of powers or the performance of functions under this Act shall be defrayed or paid out of the funds of the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 29

Disclosure of information obtained under the Act

29. Any person who, without the consent of the Authority, discloses any information obtained in the exercise of powers under this Act, shall be guilty of an offence.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 30

Punishment for offences under this Act

30.

(1) Any person who is guilty of an offence under this Act shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding three months or to a fine not exceeding one thousand rupees or to both such imprisonment and such fine.

(2) Where any offence under this Act has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of that body, or was purporting to act in any such capacity, shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 31

Advisory Committee

31.

(1) The Minister shall appoint an Advisory Committee consisting of such number of persons as may be determined by him. The members of such Committee shall be persons who have experience of all or any of the matters specified in sub-section (1) of section 15. Such Committee shall advise the Authority on any such question relating to any of the afore said matters as may be referred to it by the Authority.

(2) Every member of the Advisory Committee shall hold and vacate his office as such member in accordance with the terms of his appointment, but he may resign his office by letter addressed to the Minister. He shall, on ceasing to be a member of such Committee, be eligible for reappointment.

(3) The Minister shall appoint one of the members of the Advisory Committee to be the Chairman of such Committee.

(4) The Advisory Committee may regulate its procedure.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 32

Accounts and audit thereof

32.

(1) The Authority shall cause its accounts to be kept in such form and in such manner as the Minister may direct.

(2) The Authority shall cause its books to be balanced as on the thirtieth day of September in each year and shall, before the thirty-first day of December next, cause to be prepared an income and expenditure account and a balance sheet containing a summary of the assets and liabilities of the Authority made up to the first-mentioned date. The income and expenditure account and the balance sheet shall be signed by the Chairman of the Authority, and by such officer of the Authority as may be authorized by the Authority to do 30.

(3) The Authority shall have its accounts audited each year by the Auditor-General. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor who shall act under his direction and control.

(4) For the purpose of meeting the expenses incurred by him in auditing the accounts of the Authority the Auditor-General shall be paid from the funds of the Authority such remuneration as the Minister may determine with the concurrence of the Minister of Finance. Any remuneration received from the Authority by the Auditor-General shall, after deduction of any sums paid by him to any qualified auditor employed by him for the purpose of such audit, be credited to the Consolidated Fund of Ceylon.

(5) For the purposes of this section, the expression "qualified auditor " means-

	(a) an individual who, being a member of the Institute of Chartered Accountants of Ceylon, possesses a certificate to practise as an Accountant issued by the Council of that Institute; or

	(b) a firm of Chartered Accountants each of the partners of which, being a member of that Institute, possesses a certificate to practise as an Accountant issued by the Council of that Institute.

(6) The Auditor-General and any person assisting him in the audit of the accounts of the Authority shall have access to all such books, deeds, contracts, accounts, vouchers and other documents of the Authority, as the Auditor-General may consider necessary for the purposes of the audit, and shall be furnished by the members or officers of the Authority with such information within their knowledge as may be required for such purposes.

(7) The Auditor-General shall examine the accounts of the Authority and furnish a report-

	(a) stating whether he has or has not obtained all the information and explanations required by him;

	(b) stating whether the accounts referred to in the report are properly drawn up so as to exhibit a true and fair view of the affairs of the Authority; and

	(c) drawing attention to any item in the accounts which in his opinion may be of interest to the Senate and the House of Representatives in any examination of the activities and accounts of the Authority.

(8) The Auditor-General shall transmit his report to the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 33

Information furnished to, and directions given by, the Minister

33.

(1) The Authority shall furnish to the Minister such information as he may call for from time to time in respect of the activities and financial position of the Authority.

(2) The Minister may, from time to time, give the Authority general directions, and, after consultation with the Authority, give the Authority special directions, as to the exercise of the powers and the discharge of the duties of the Authority, and such directions shall be carried out by the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 34

Annual report

34.

(1) The Authority shall annually prepare a written report of the Authority's work and finances during the year completed, including any information furnished to, and directions given by, the Minister under section 33, and shall transmit to the Minister-

	(a) a copy of such report;

	(b) a copy of the income and expenditure account and balance sheet in respect of such year certified by the Auditor-General; and

	(c) a copy of the Auditor-General's report furnished under sub-section (8) of section 32.

(2) The Minister shall lay copies of the reports and statements referred to in sub-section (1) before the Senate and the House of Representatives.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 35

Provident fund

35. The Authority may establish and regulate a provident fund for the benefit of all or any of the employees of the Authority and their departments or nominees, and may make contributions to such fund out of the moneys of the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 36

Crown land and Crown buildings

36. Any Crown land or any Crown building may, subject to such conditions as may be determined by the Minister with the concurrence of the Minister for the time being in charge of the subject of Crown lands, be made available for the use of, or be alienated to, the Authority for any purpose of the Authority or for the residence of any officer or servant of the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 37

Exemptions from certain duties and taxes

37.

(1) The Authority shall be exempt from the payment of any customs duty on any goods imported by the Authority if the Minister in consultation with the Minister of Finance approves of such exemption.

(2) In the case of any instrument containing any agreement between the Authority and any other person and providing for making a payment to the Authority as a contribution to the general support of the Authority's work, both the Authority and such other person shall be exempt from the payment of any stamp duty on such instrument.

(3) Any person making a payment to the Authority as a contribution to the general support of the Authority's work, may claim the amount of the payment as a deduction from income, in the year in which the payment is actually made, for the purposes of computing liability for income tax, and the payment shall be deemed not to be a taxable gift for the purposes of the Inland Revenue Act. No. 4 of 1963.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 38

Protection of members, &c, of the Authority for action taken under this Act or on the direction of the Authority

38.

(1) No suit or prosecution shall lie against any member, officer, servant or agent of the Authority for any act which in good faith is done or purports to be done by him under this Act or on the direction of the Authority.

(2) Any expense incurred by the Authority in any suit or prosecution brought by or against the Authority before any court shall be paid out of the funds of the Authority, and any costs paid to, or recovered by, the Authority in any such suit or prosecution shall be credited to the funds of the Authority.

(3) Any expense incurred by any such person as is referred to in sub-section (1) in any suit or prosecution brought against him before any court in respect of any act which is done or purports to be done by him under this Act or on the direction of the Authority shall, if the court holds that such act was done in good faith, be paid out of the funds of the Authority, unless such expense is recovered by him in such suit or prosecution.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 39

No writ to issue against person or property of a member of the Authority

39. No writ against person or property shall be issued against a member of the Authority in any action brought against the Authority.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 40

Regulations

40.

(1) The Authority may make regulations generally for the purpose of giving effect to the principles and provisions of this Act and particularly in respect of any matter which is stated or required by this Act to be prescribed, or for or in respect of which regulations are required or authorized by this Act to be made.

(2) No regulation made under this Act shall have effect until it is approved by the Minister, confirmed by the Senate and the House of Representatives, and published in the Gazette,

Atomic Energy Authority Act (No. 19 of 1969) - Sect 41

Compensation for injury

41.

(1) If injury is caused to an employee of the Authority or to any other person by ionizing radiations from any material on any premises occupied by the Authority or from any waste discharged in whatever form on or from any such premises or from any material in the course of carriage on behalf of the Authority, the Authority shall be liable to pay compensation to such person in accordance with such scale as the Minister may specify by Order published in the Gazette:

(2) If any person who has been employed by any employer in any process in which ionization radiation occurs, for a continuous period of not less than six months, contracts any prescribed disease, such employer shall be liable notwithstanding the provisions of any other written law to pay to such person compensation in the prescribed manner unless the employer proves that the disease had not arisen as a result of such employment :

(3) If any person who has been employed by the Authority for a continuous period of not less than six months, contracts any disease specified by the Minister by Order, the Authority shall be liable to pay such person compensation specified by the Minister by Order unless the Authority proves that the disease had not arisen as a result of such employment :

(4) The compensation referred to in sub-sections (1), (2) and (3) shall not be less than the sums payable for any corresponding injury under the Workmen's Compensation Ordinance, and where a claim is not admitted by the Authority, compensation may be recovered, as far as may be, in the same manner as in the Workmen's Compensation Ordinance.

(5) The provisions of this section shall not bar a person from recovering damages in a court of law, but, where damages are awarded the court shall take into consideration any compensation paid under this section.

Atomic Energy Authority Act (No. 19 of 1969) - Sect 42

Interpretation

42. In this Act unless the context otherwise requires- " atomic energy " means the energy released from atomic nuclei as a result of any process, but does not include energy released in an] process of natural transmutation or radio active decay which is not accelerated on influenced by external means; " material " means any natural or artificial material, whether in solid or liquid or in the form of gas or vapour, and includes any manufactured article or any article which ha: been subjected to any artificial treatment on process; " Permanent Secretary " means the Permanent Secretary to the Ministry of which the Minister is in charge; " plant " includes any machinery, equipment or appliance, whether affixed to land or not; " prescribed substance " means uranium, thorium beryllium, lithium or any of their compounds or any other substance which the Minister may by notification in the Gazette prescribe being a substance which, in his opinion, is or may be used for the production or use of atomic energy or research into matters connected therewith; and " radioactive material " means any material which consists of or contains any radioactive chemical element whether natural or artificial.