The government has decided to empower the Nuclear Safety Regulatory Authority (NSRA) — which is being formed to regulate safety from nuclear radiation — with wide-ranging powers to conduct investigations, inspect, search and seize documents and objects from the sources of such radiation. The NSRA Bill 2011 — a copy of which is in possession of The Indian Express — gives the authority sweeping powers to carry out inspection or inquiry as may be necessary, and enter any building or place where the inquiry may lead to. The decision to form a powerful NSRA — with a chairperson, two full-time members and four part-timers — was taken by the union cabinet on Tuesday. The authority will replace the existing Atomic Energy Regulatory Board (AERB) and is in line with the government’s commitment to create an “independent” regulator in the wake of the Fukushima nuclear disaster. The fundamental difference between the proposed NSRA and the existing AERB is that the proposed posed regulator will not report to the Department of Atomic Energy, and will instead report directly to Parliament. “This will ensure that the operator (of nuclear facilities) is not the regulator,” a top government official told The Indian Express. Section 33 (2) says that the Authority shall have the power of access to “premises and places, vehicle, vessel or aircraft where radiation is present or used or proposed to be used” and “documents, drawings, photographs, plans, models or any other form which relates to or represents or illustrates any existing or proposed plant, used or proposed to be used for the purpose of producing, developing or using atomic energy or radiation”. It will also have the power to call for information and conduct investigations into any nuclear facility in the country. Section 31 says that the Authority can call upon “any owner or any person in charge of or managing director, director, secretary or other officer” of radiation or nuclear facility at any time. It can also direct any officer to “inspect the books or other documents of any radiation or nuclear facility”. There will be a “Council of Nuclear Safety” to oversee and review the policies on nuclear and radiation safety. It will be headed by the Prime Minister and comprise the Ministers of External Affairs, Environment, Health, Home Affairs, Science and Technology; Cabinet Secretary; Chairman of Atomic Energy Commission; and independent experts. The Authority, once formed, will be the sole agency to grant “consent” to any individual who wants to carry out any activity pertaining to production, storage, disposal, transport (within and outside India), transfer by sale or otherwise, import, export and use of any nuclear material, radioactive material or any other substance or equipment used for production or use of radiation or atomic energy. It will also have the powers to “cancel” the consent, if there are any violations. For violation of any of the laws, terms and conditions, orders, the defaulter can be punished with imprisonment up to five years, or with fine, or both. Section 41 of the proposed law also takes note of the offences by companies and it says, “where an offence under this Act has been committed by a company, every person, who at the time the offence was committed was in charge of, and was responsible to company for the conduct of, the business of the company as well as the company, shall be deemed to be guilty of the offence” and shall be liable to be proceeded against and punished accordingly. An important aspect of the legislation will be an Appellate authority which will be a three-member panel — the chairperson will be a serving or retired Supreme Court Judge or a Chief Justice of a High Court and the members will be eminent scientists who have held positions of secretary rank in the government. N-powerment * Regulator will not report to DAE but to Parliament * It will be able to access any premises where radiation is present, used or proposed to be used, and seize documents concerned * It will have power to call for information and conduct probes in any nuclear facility * It will be the sole agency granting consent on nuclear transactions * For any violations, defaulters to face imprisonment, fines