Section 11 – The Atomic Energy Act,1962

The Atomic Energy Act,1962

11. Compulsory acquisition of prescribed substances, minerals and plants.

(1) Save as otherwise provided in any other provision of this Act, the Central Government may compulsorily acquire in accordance with the provisions of this section-

(a) Any prescribed substance;

(b) Any minerals from which in the opinion of the Central Government any of the prescribed substances can be obtained;

(c) Any prescribed equipment;

(d) Any plant which is designed or adapted for the mining or processing of any minerals referred to in clause (b) or substances obtained therefrom or for the production or use of any prescribed substance or a radioactive substance or for the production, use or disposal of such articles as are or are likely to be required for or in connection with the production, use or disposal of atomic energy or for research into matters connected therewith.

(2) Where the Central Government acquires any plant referred to in clause (d) of sub-section (1), it shall also have the right to acquire any buildings, railway sidings, tramway lines, or aerial rope-ways serving such plant.

(3) Where the Central Government proposes to acquire any property under sub-section (1), it shall serve upon the person appearing to be the owner thereof, a notice in writing specifying the property to be acquired and requiring that person to make to the Central Government within the time specified in the notice a written declaration containing such particulars as may be so specified regarding the ownership of such property and any agreement or charge by virtue of which any other person has an interest in such property.

(4) Upon the service of a notice under sub-section (3), no property to which the notice relates shall be disposed of without the previous permission in writing of the Central Government.

(5) If it appears to the Central Government in consequence of any written declaration made to it in pursuance of sub-section (3) that any person other than the person on whom the notice under sub-section (3) was served is the owner of, or has any interest in, the property to which the notice relates, the Central Government shall serve a copy of the notice on that other person.

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be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the Central Government shall afford an opportunity to the person making the objection of the appearing before and being heard by a person appointed by the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

(7) After considering any such objection, and the report of the person appointed by it under sub-section (6), the Central government may serve on the person upon whom the notice under sub-section (3) or a copy thereof was served a further notice in writing either withdrawing the notice of acquisition or confirming the said notice as respects the property to which it relates or such part of the property as may be specified.

(8) Any property with respect to which a notice of acquisition is served under this section shall-

(a) If no objection is duly made to the notice, vest in the Central Government at the expiration of the time for making such objection;

(b) If such an objection is duly made and the notice is confirmed as respects the whole or any part of that property by a notice served under sub-division (7) , vest accordingly in the Central Government on the service of the last mentioned notice;

And shall in either case vest free from all encumbrances.

(9) Compensation in respect of acquisition under this section shall be paid in accordance with section 21.

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The Atomic Energy Act,1962

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