Pakistan Nuclear Regulatory Authority Ordinance, 2001

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THE PAKISTAN NUCLEAR REGULATORY AUTHORITY 
ORDINANCE, 2001 
 
 
 
CONTENTS 
1. Short title, extent and commencement  
2. Definitions 
3. Establishment of the Authority 
4. Composition of the Authority 
5. Chairman 
6. Term of office of the Chairman 
7. Term of office of a member 
8. Resignation by the Chairman or a member 
9. Removal of the Chairman or a member 
10. Filling of a casual vacancy 
11. Terms and conditions of service 
12. Meetings of the Authority 
13. Directorates of the Authority 
14. Advisory Committees 
15. Appointment of advisers and consultants 
16. Functions and powers of the Authority 
 

 
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17. Directives, orders and instructions from the Federal Government 
18. Delegation of powers 
19. Power to issue license 
20. Power to grant authorization 
21. Authorization prior to licensing 
22. Authorization prior to radioactive waste discharge and disposal 
23. Authorization for nuclear powered vehicle, vessel or aircraft, and any vehicle, vessel or  
aircraft carrying nuclear material 
24. Cancellation or suspension of an authorization or a license 
25. Actions to be taken subsequent to cancellation or suspension of licence 
26. Transitional 
27. Control of contaminated foodstuff 
28. Power to obtain information 
29. Power of entry, inspection, etc 
30. Fixation of extent of civil liability 
31. Absolute and exclusive liability of an operator 
32. Insurance or other financial guarantee 
33. Indemnity by the Federal Government 
34. Saving as to governmental and certain other installations 
35. Claim against foreign operators 
36. Limitation 
37. Re-adjustment 
38. Co-operation with International Organization, etc 
39. Environmental surveillance and radiation emergency plans 
40. Appointment of officers, employees and consultants 
 
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41. Funds of the Authority 
42. Budget 
43. Audit and accounts 
44. Offences 
45. Cognizance of offences 
46. Tribunals 
47. Mode of recovery 
48. Power to exempt 
49. Submission of periodical reports, etc 
50. Discoveries and inventions to vest in the Authority 
51. Declaration of fidelity and secrecy 
52. Chairman, members, etc., to be public servants 
53. Indemnity 
54. Dissolution of PNRB and DNSRP and transfer of rights and liabilities of the Commission 
regarding DNSRP to the Authority 
55. Power to make rules 
56. Power to make regulations 
57. Expenses for safety measures or medical examination 
58. Ordinance to override other laws 
59. Removal of difficulties 
60. Repeal and savings 
 
  
 
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THE PAKISTAN NUCLEAR REGULATORY AUTHORITY 
ORDINANCE, 2001 
ORDINANCE No. III OF 2001 
[22nd January, 2001] 
An Ordinance to provide for the establishment of the Pakistan Nuclear Regulatory Authority for 
regulation of nuclear safety and radiation protection in Pakistan and the extent of civil liability for 
nuclear damage resulting from any nuclear incident; 
WHEREAS it is expedient to provide for the establishment of the Pakistan Nuclear 
Regulatory Authority to be the competent national authority for regulation of safety of nuclear 
installations, the protection against risk s arising from ionizing radiation, the extent of civil liability 
for nuclear damage resulting from any nuclear incident and for matters ancillary thereto or connected 
therewith; 
AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the 
Proclamation of Emergency of the fourteenth day of October 1999,  and the Provisional Constitution 
Order No. 1 of 1999; 
AND WHEREAS the President is satisfied that circumstances exist which render it necessary 
to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day 
of October 1999, and the Provisional  Constitution Order No. 1 of 1999, as well as Order No.9 of 
1999; and in exercise of all powers enabling h im in that behalf, the President of the Isla mic Republic 
of Pakistan is pleased to make and promulgate the following Ordinance:— 
1. Short title, extent and commencement. ___ (1) This Ordinance may be called the  Pakistan 
Nuclear Regulatory Authority Ordinance, 2001. 
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) “Authority” means the Pakistan Nuclear Regulatory Authority established 
under section 3; 
(b) “authorization” means an authorization granted under section 20 or, as the case 
may be, sections 21, 22 or 23; 
(c) “Chairman” means the Chairman of the Authority; 
 
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(d) “Commission” means the Pakistan Atomic Energy Commission established 
under the Pakistan Atomic Energy Commission Ordinance, 1965(XVII of  
1965); 
(e) “ionizing radiation” means any electromagnetic or particular radiation capable 
of producing ions, directly or indirectly in its passage through matter; 
(f) “license” means a license issued under section 19;  
(g) “member” means a member of the Authority; 
(h) “nuclear damage” means loss of life, any personal injury or a ny loss of, or 
damage  to,  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   substance,   radioactive   materials   
or radioactive products or waste in, or of nuclear material coming from, 
originating in, or sent to, a nuclear installation, or from the ionizin g radiation 
emitted by any other source of radiation inside a nuclear installation; 
(i) “nuclear fuel” means any material which is capable of producing energy by 
self sustaining chain process of nuclear fission, nuclear fusion or other nuclear 
transmutation; 
(j) “nuclear incident” means any occurrence, or series of occurrences having the 
same origin which causes nuclear damage o r but only with respect to 
preventive measures, creates a grave and imminent threat of causing such 
damage; 
(k)  “nuclear installation” means: 
(i) any nuclear reactor used as a source of power or for any other purpose; 
(ii) any factory using nuclear fuel for the production of nuclear material, or 
any factory for the processing of nuclear material including any factory 
for the reprocessing of irradiated nuclear fuel; and 
(iii) any facility where nuclear material is stored, other than storage 
incidental to the carriage of such material: 
Provided that several nuclear installations of one operator, which are 
located at the same site, may be considered as a single nuclear installation; 
(l) “nuclear material” means:— 
 
 
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(i) nuclear fuel, including natural uranium and depleted uranium, 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 
(ii) radioactive products or waste; 
(m) “nuclear  substance”  means  any substance  or  nuclear  material  which  the 
Authority 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; 
 
(n) “operator”, in relation to a nuclear installation, means the person licensed under 
section 19; 
(o) “person” means any individual, corporation, partnership, firm, association, 
trust, estate, public or private in stitution, group, Government agency, any state 
or any political sub -division or any political entity within a state, any foreign 
Government or nation, or other entity and includes any legal successor, 
representative, agent or agency of any of the aforesaid; 
(p) “radiation generator” means a device or an apparatus capable o f generating 
radiation, such as X -rays, neutrons, electrons, or other charged particles,  which 
may be used for scientific, industrial or medical purposes; 
(q) “radioactive material” means any substance which contains or consists of 
radioactive nuclide, naturally occurring or 'artificially produced, provided that 
the specific activity of the substance is in accordance with the levels as may be 
prescribed by regulations; 
(r) “regulations” means regulations made under this Ordinance; and 
(s) “rules” means rules made under this Ordinance. 
3. Establishment of the Authority. ___ (1) As soon as may be, but not later than thirty days 
after the commencement of this Ordinance, the Federal Government shall, by notification in the 
official Gazette, establish, in accordance with provisions of this Ordinance, an Authority to be called 
the, Pakistan Nuclear Regulatory Authority; 
Provided that till such time as the Authority is fully constituted, the Chairman shall exercise 
the powers, perform the functions and discharge the duties of the Authority. 
 
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(2)  The  Authority shall  be  a  body co rporate  having  perpetual  succession,  and  a common 
seal, and may sue and be sued in its own name and, subject to and for the purposes of this Ordinance, 
may enter into contracts and may acquire, purchase, take, hold and enjoy moveable and immovable 
property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, 
reassign, transfer or otherwise dispose of or deal with, any moveable or immovable property or any 
interest vested in it. 
(3) The head office of the Authority  shall be at Islamabad and it may set up offices, at such 
places as it may deem appropriate; 
(4) The common seal of the Authority shall be kept in the custody of the Chairman or such 
other person as may be prescribed by regulations and documents required o r permitted to be executed 
under the common seal shall be specified and authenticated in such manner as may be prescribed by 
regulations. 
4. Composition of the Authority. ___(1) The Authority shall consist of a Chairman  not more 
than two full-time members and seven part-time members to be appointed by the Federal Government. 
(2) The Chairman and every member of the Authority shall be a person of ability, integrity and 
standing having such knowledge and experience as hereinafter specified. 
(3) The Chairman sh all be a person holding a postgraduate degree in physical or nuclear 
sciences or in engineering and technology, preferably a Ph.D. or equivalent from an internationally 
recognised university and have worked for at least twenty-five years in the field of nuclear sciences or 
nuclear engineering and technology. 
(4) Each of the two full -time members shall be a person holding a postgraduate degree in 
physical or nuclear sciences or be graduate in engineering and technology from an internationally 
recognised university and have worked for at least twenty years in the relevant field of radiation 
protection, nuclear safety or reactor safety. 
(5) Seven part-time members as follows:— 
(a) three technical members: 
(i) two of whom shall be reputable scientists or eng ineers from 
internationally recognized universities holding a post -graduate 
professional degree in  nuclear physics or nuclear engineering and 
technology and have worked at least for fifteen years in the relevant 
field; and 
(ii) one medical doctor holding a  postgraduate professional degree in 
nuclear medicine, radiotherapy or radiation sciences and have worked at 
least for fifteen years in the relevant field; 
 
 
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(b) two   nominees   one   each   from   the   Ministry   of   Health   and   the   
Pakistan Environmental Protection Agency not below the rank of Joint 
Secretary; 
(c) one nominee from the Pakistan Atomic Energy Commission with the rank or 
grade equivalent to that 'of a full-time member of the Commission; and 
(d) Director General, Strategic Plans Division, JSHQ. 
(6) There shall be  a Secretary of the Authority who shall be a non -voting member of the 
Authority. 
(7) No person shall be appointed as the Chairman or a member unless he is a citizen of 
Pakistan. 
5. Chairman.__ The Chairman shall be the Chief Executive Officer of the Authority  and shall, 
subject to the provisions of this Ordinance, the rules and regulations, be responsible for the day to day 
administration of the affairs of the Authority 
6. Term of office of the Chairman. —(1) Subject to the provisions of this Ordinance,  the 
Chairman shall hold office for a term of four years from the date of his appointment. 
(2) The Chairman shall be eligible for reappointment for a period of four years but not for 
more than two consecutive terms. 
7. Term of office of a member. ___ Subject to the provisions of this Ordinance, a full -time 
member and a part -time member other than an ex -officio member, shall hold office for a period of 
four years from the date of his appointment and shall be eligible for reappointment for a period of four 
years but not for more than two consecutive terms. 
8. Resignation by the Chairman or a member. __ The Chairman, a full -time member or a 
part-time member may, by giving in writing to the Federal Government a notice  of not less than three 
months, resign his office: 
Provided that the resignation shall not take effect until it has been accepted by the  Federal 
Government. 
9. Removal of the Chairman or a member. —(1) Subject to sub -section (2), the  Federal 
Government may by notification in the official Gazette, remove the Chairman or any member from 
his office. 
(2) The Chairman or any member may be removed from his office, if he:— 
(a) in the opinion of the Federal Government, fails to discharge, or becomes 
incapable of discharging, his duties under this Ordinance; 
(b) has been declared insolvent; 
 
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(c) has been declared to be disqualified for employment in, or has been dismissed 
from the service of Pakistan; 
(d) has been convicted of an offence involving moral turpitude; or 
(e) has knowingly acquired or continued to hold without the permission in writing 
of the Federal Government, directly or indirectly or through a partner, any share 
or interest in any contract or employment with, or by on behalf of the 
Authority, in any l and or property which in his knowledge, is likely to benefit 
or has benefitted as a result of the operation of the Authority: 
10. Filling of a casual vacancy. ___ A casual vacancy in the office of the Chairman or a 
member shall be filled by the appointment of another Chairman or, as the case may be, member for 
the remaining term of office of his predecessor. 
11. Terms and conditions of service. __ (1) The salary and allowance payable to, and  other 
terms and conditions of service of, the Chairman and a full-time member shall be such as may be 
prescribed by rules. 
(2) Remuneration and -allowances of a part -time member shall be such as may be prescribed 
by regulations. 
12. Meetings of the Authority. — (1) The Authority shall meet at such times and  place and in 
such manner, as may be prescribed by regulations: 
Provided that until regulations are made in this behalf, such meetings shall be convened by the 
Chairman. 
 (2) As and when required, and for the purpose of advice, the Chairman may, in consultation 
with full-time members, invite a senior level expert or representative of a relevant organization to 
participate in the meetings of the Authority. 
13. Directorates of the Authority. —The Authority may establish one or more Directorates 
which shall execute, enforce and supervise all decision  of the Authority and all nuclear anal radiation 
safety measures vested in the Authority under the provisions of this Ordinance or the rules and 
regulations made thereunder. 
14. Advisory Committees. __ (1) The Authority may, fro m time to time, constitute  such 
Advisory Committees, from amongst its members or other suitably qualified persons, for assisting the 
Authority in the performance of its functions generally, or for advising on or evaluating any particular 
nuclear or radiation safety aspect. 
(2) An Advisory Committee constituted under sub -section (1) shall perform such functions as 
may be prescribed by regulations 
 
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15. Appointment of advisers and consultants. __ (1) The Authority may employ  suitably 
qualified advisers and consultants to transact any business or to do any act required to be 
transacted or done in exercise of its powers or performance of its functions under this Ordinance. 
(2) The decision to employ and the terms and conditions of employment under  sub- section 
(1) shall be made by the Authority as it may deem fit. 
16.  Functions and powers of the Authority. __ (1)  Subject  to  the  provisions  of  this  
Ordinance,  the  Authority  shall  have  the  responsibility  for  controlling,  regulating  and 
supervising all matters related to nuclear safety and radiation protection measures in Pakistan. 
(2) Without prejudice to the -generality of the foregoing powers , the following shall be the 
powers and functions of the Authority, namely: 
(a) to devise, adopt, make and enforce such rules, regulations, orders or 
codes of practice for nuclear safety and radiation protection as may, 
in its opinion, be necessary;— 
(b) to plan, develop and execute comprehensive policies and 
programmes for the protection o f life, health and property against 
the risk of ionizing radiation; 
(c) to regulate the radiation safety aspects of:__ 
(i) Exploitation of any radioactive ore; 
(ii) Production, import, export, transport, possession, processing, 
reprocessing; use, sale, tran sfer, storage or disposal of a 
nuclear substance, radioactive material or any other 
substance as the Authority may, by notification in the official 
Gazette, specify; 
(iii) equipment used for production, use or application of nuclear 
energy for :__  
(a) the generation of electricity; or 
(b) any other uses; 
(d) to approve effective reporting procedures with respect to radiation 
incidents and to ensure that plans for protective action in emergency 
situation have been prepared; 
(e) to ensure that corrective act ions are undertaken when unsafe or, 
potentially unsafe conditions are detected concerning a nuclear 
 
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installation, radiation generator, nuclear material, nuclear substance 
or radioactive material; 
(f) to ensure that appropriate measures for physical protec tion of 
nuclear installations and nuclear materials are taken; 
(g) to establish the extent of insurance to be carried by a licensee against 
the risks of nuclear damage to the public; 
(h) to grant authorization, or issue licence for the production, storage, 
disposal, trade in and use of any nuclear substance, radioactive 
material or any other substance or equipment used for production or 
use of nuclear energy as the Authority may, by notification in the 
official Gazette, specify; 
(i) to inspect all nuclear in stallations, radiation generators, nuclear 
materials, nuclear substances or radioactive materials to ensure that 
regulations concerning safety measures are properly followed; 
(j) to advise the Federal Government departments or Provincial 
Government departm ents, educational and research institutions, 
public or private industry and other undertakings on questions 
related to nuclear safety and radiation protection; and 
(k) to do all other acts a nd things, such as initiating and coordinatin g 
research and development necessary for carrying into effect the 
provisions of this Ordinance. 
17. Directives, orders and instructions from the Federal Government. __ (1) The Federal 
Government may, from time to time, issue to the Authority such directives  and orders as  it  may  
consider  necessary  for  carrying  out  the  purposes  of  this  Ordinance  and  the Authority shall 
follow and carry out such directives and orders. 
(2) In discharging its functions, the Authority shall be bound by such instructi ons, if any, as 
may be given to it on any question of policy by the Federal Government which shall be the sole judge 
as to whether a question is a question of policy. 
 18. Delegation of powers.  The Authority may, by general or special order in writing, dir ect 
that any of its powers, shall, in such circumstances and under such conditions, if any, as may be 
specified in the order, be exercisable also by the Chairman, a member or officer of the Authority. 
19. Power to issue license. ____(1) No person shall, unless he is exempted as may  be 
prescribed by regulations, or unless he is the holder of a license issued by the Authority: 
(a) acquire, design, manufacture, construct, install or operate any device to the 
contains any radioactive mat erial or produce ionizing radiation including 
 
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consumer products, sealed sources, unsealed sources and radiation generators, 
including mobile radiography equipment; 
(b) establish installations and facilities which contain radioactive materials or 
devices which produce radiation including irradiation facilities, mines and mills 
processing radioactive ores, installations processing radioactive substances, 
nuclear   installations   and   radioactive   waste   management facilities; 
(c) explore for mines and mill, extract, acquire, handle, use for; medical, industrial, 
veterinary, or agriculture purposes, or for education, training or research, etc., 
sell, lease, lend, buy, transfer, import, export, convert, enrich, produce, store, 
process, reprocess, fabricate, transport, dispose of any radioactive ores, 
radioactive material, nuclear substance or any other substance as the Authority 
may, by notification in the official Gazette, specify; and 
(d) treat food by ionizing radiation. 
(2) Subject to sub -section (1), the  Authority may, on application made to it accompanied by 
such fee, information and documents, as may be prescribed by regulations, issue a licence for carrying 
out of such activities as are specified in the licence for such period as may be so specified. 
(3) The Authority 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. 
(4) The Authority may prescribe terms and conditions that may be attached to a licence. 
(5) The Authority 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. 
20. Power to grant authorization. ____(1) The Authority may, on application made to it  
accompanied by such fee, information and documents, as may be prescribed by regulations, grant an 
authorization for carrying out of such activities as are specified i n the authorization for such period as 
it tray specify. 
(2) The Authority may specify terms and conditions that may he attached to an authorization. 
21. Authorization prior to licensing. __ No person shall commence construction of any 
nuclear  installation  without  first  obtaining  an  authorization  for  the  purpose  from  the Authority 
as may be prescribed by regulations. 
Explanation. For the purposes of this section, “construction” includes the sitting, designing 
and construction of buildings for, and every stage of setting up of, a nuclear installation. 
 
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22. Authorization prior to radioactive waste discharge and disposal. ___ No person shall 
discharge, or dispose of; radioactive waste to the environment without first obtaining an authorization 
for the purpose from the Authority as may be prescribed by regulations. 
23.  Authorization for nuclear powered vehicle, vessel or aircr aft, and any vehicle, vessel 
or aircraft carrying nuclear material. ___ No person shah cause a nuclear powered  vehicle,  vessel  
or  aircraft,  and  any vehicle,  vessel  or  aircraft  carrying  nuclear material to enter in Pakistan 
without first obtaining  an authorization for this purpose from the Authority as may be prescribed by 
regulations. 
24. Cancellation or suspension of an authorization or a licen ce.___ (1) Where any  person 
has been found to have contravened any of' the provisions of this Ordinance, the rules and regulations, 
or has consistently failed to comply with the terms and conditions of an authorization or, as the case 
may be, a licen ce, the Authority may, subject to sub -section (2), cancel or suspend the authorization 
or, as the case may be, the license. 
(2) Before taking any action under sub -section (1) the Authority shall issue a notice to such 
person to, show cause and give him an opportunity of being heard or an opportunity to rectify the 
omission subject to such conditions as the Authority may specify. 
25. Actions to be taken subsequent to cancellation or suspension of licen ce.___ In case the 
Authority cancels or suspends a license under section 24, it may subsequently undertake al l or any of 
the following actions in respect of the installation or facility covered under the licence, namely: 
(a) ask the licensee to put the installation or facility in safe State and Shut down the 
installation or facility; 
(b) permit the licensee to continue operating the installation or facility under such 
term and conditions as the Authority may specify; or 
(c) appoint another person to take over the operation of the installation or facility. 
26.  Transitional.__ (1) Whoever before the  commencement  of  this  Ordinance  is engaged in 
activities requiring authorization or license under this Ordinance shall declare to the Authority and 
shall apply for grant of an authorization or, as the case may be, issue of a licen ce within six months 
from such commencement. 
(2) Pending action, on the application submitted  pursuant to sub-section (1), the applicant may 
continue to pursue such activities referred to in sub -section (1), provided that all necessary measures 
to comply with the provisions of this Ordinance are taken immediately. 
27. Control of contaminated foods tuff.__ No person shall sell, distribute or otherwise dispose 
of foods that have been contaminated by material producing ionizing radiation except as may be 
prescribed by regulations.  
 
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28. Power to obtain information. ___ The Authority, any officer of the A uthority or any other 
person authorized in that behalf by the Authority may, by a notice, in writing, se rved on any person  
require  such  person  to  make  such  returns,  at  such  time,  and  maintain  such particulars as may 
be specified in the notice in respect of all or any of the following matters, namely:__ 
(a) any such radioactive material, or nuclear substance 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 adap ted for the 
production or use of atomic energy, ionizing radiation or radioactive material; 
(c) any contract entered into by him or any right granted by or to him relating to 
such production or use as aforesaid; 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 such production or 
use. 
29. Power of entry, inspection, etc. __ Any member of the Authority, any officer of the 
Authority or any other person authorized in that behalf by the Authority may, at all reasonable hours, 
enter any premises, vehicle, vessel or aircraft for the purpose of satisfying himself as to whether the 
provisions of this Ordinance and the rules and regulations made thereunder have been, are being 
adequately complied with and may— 
(a) carry out any tests and investigations;  
(b) obtain and analyse any samples; 
(c) examine designs, drawin gs, records, memoranda, reports or documents 
pertaining to the use, operation, maintenance or storage of any radiation 
generator or, as the case may be, nuclear substances or radioactive 
materials; 
(d) inspect all measures and records pertaining to environ mental and 
personnel monitoring and disposal of radioactive wastes; 
(e) obtain any other information required for the safety evaluation of any 
radiation generator or nuclear installation concerned; and 
(f) lock and seal any nuclear installation or radiatio n generator, or any part 
thereof, where any nuclear substance or radiation generator is being 
used, stored, operated or maintained in contravention of the provisions 
of this Ordinance or the rules and regulations made thereunder. 
30. Fixation of extent of civil liability.___ The Authority shall have the power to fix the extent 
of civil liability for an operator in case of various nuclear incidents. 
 
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31. Absolute and exclusive liability of an operator. __ An operator shall be absolutely and 
solely liable for nuclear damage upon proof` that such damage has been caused by a nuclear 
incident___ 
(a) in his nuclear installation, however, caused such as handling, storage, use, etc.; 
and 
(b) involving nuclear mat erial coming from, or originating or  originally received 
in, his nuclear installation. 
32. Insurance or other financial guarantee. ___ Every opera or of a nuclear installation shall 
maintain insurance or other financial guarantee adequate to cover his civil liability for nuclear 
damage, in such amount of such type and on such terms as the Authority may from time to time, 
determine. 
33. I ndemnity by the Federal Government. ___ The Federal Government shall ensure 
payment of claims against any operator liable for nuclear damage and for such damage by providing 
necessary funds to the extent that the yield of insurance or other financial guaran tee maintained by the 
operator under section 32 falls short to satisfy such clams in full: 
Provided that in no case shall the civil liability of the Federal Government be more than fifteen 
times the insurance or the financial guarantee required to be carri ed b y an operator of a nuclear 
installation: 
34. Saving as to governmental and certain other installations. __ Nothing in section32 shall 
apply to a nuclear installation owned and operated by the Federal Government and the Federal 
Government shall assume li mited civil liability up to at least an amount to be determined by the 
Authority for any nuclear damage in the event of a nuclear incident in any such nuclear installation. 
35. Claim against foreign operators. ___ In the event of nuclear incident occurring within 
Pakistan and engaging the civil liability for nuclear damage of an operator in a country  other than 
Pakistan, jurisdiction over claims under this Ordinance shall be that of the Courts of competent 
jurisdiction in Pakistan unless specifically provided otherwise by the terms of a contract in writing. 
36.  Limitation. __ (1)  The  right  to  compensation  under  this  Ordinance  shall  be  
extinguished if any action is not brought within ten years from the date of the nuclear incident and 
within three years from the date on which the person suffering nuclear damage had knowledge of the 
nuclear damage provided that the period shall in no case exceed ten years. 
(2) Where nuclear damage is caused by a nuclear incident involving nuclear material which at 
the time of the nuclear incident was stolen, lost, jettisoned or abandoned, the period established 
pursuant to subsection (1) shall be computed from the date of that nuclear incident, but the period 
shall in no case exceed twenty years from the date of the theft, loss, jettison or abandonment. 
 
 
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37. Re -adjustment.__ Any person suffering nuclear damage, who has brought an action for 
compensation within the period specified in section 3 6 may amend his claim to take into account any 
aggravation of the damage, eve n after the expiry of that period, provided the final judgement has not 
been entered. 
38. Co-operation with International Organization, etc. __ In order to carry out its functions 
in a smooth and effective manner, the Authority may, with the prior approval of the Federal 
Government, enter into co -operation agreements with any other nuclear regulatory authority or 
international organization in respect of the peaceful uses of atomic energy pursuant to the express 
terms and conditions of any programme or agreem ent for co - operation to which such authority or 
organization is a party or pursuant to any other international arrangement made before or after the 
commencements of this Ordinance. 
39.  Environmental surveillance and radiation emergency plans. __ (1)  The Authority shall 
ensure, implement and co -ordinate national programme of environmental surveillance to check any 
build-up of environmental radioactivity that might affect the public. Such programme shall be carried 
out in collaboration with various governmental, public or private bodies concerned. 
(2) The Authority shall ensure, co -ordinate and enforce preparation of emergency plans for 
action to be taken following foreseeable types of nuclear incidents that might affect the public. Such 
plans shall include arrangements for reporting and communication, the co - ordination of action 
between the various public bodies involved, the training of personnel and the provision of necessary 
facilities and instrumentation. 
(3) If the radiation from environmental contamin ation by radioactive material reaches a level 
of intensity at which public health may be endangered, the Authority shall at once notify the Federal, 
Provincial, local and other authorities concerned who shall immediately take, in consultation with the 
Authority, all necessary protective and safety measures. 
(4) The protective and safety measures referred to in sub -sections (1), (2) and (3) may include 
restrictions on the movements of persons and objects such as confining people to their  homes, 
isolating people and objects, limiting the transfer of persons and foods, curtailing or prohibiting sales 
of foodstuffs, farm products and the use of water, evacuating certain zones or forbidding entry thereto, 
rendering dangerous objects harmless, destroying animals and dispensing of the bodies. 
(5) If in the opinion of the Authority it is necessary, the Civil Defence Organization, the police 
or other law enforcing agencies or the Armed Forces may be called upon to assist in the 
implementation of the measures specified in sub-section (4). 
40.  Appointment of officers, employees and consultants. __ (1)  Subject  to  the provisions of 
sub-section (3), the Authority may appoint such officers, employees and consultants as it may 
consider necessary for the efficient performance of its functions on such terms and conditions as it 
may deem fit. 
 
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(2)  The Authority may also borrow the services of officers, employees and consultants of 
other organizations on ouch terms and conditions as may be mutually settled between the lending 
organization and the Authority. 
(3) The method and procedure of appointment and the terms and conditions of service of 
officers and employees shall be regulated by rules to be made with the prior approval of the Federal 
Government under Section 55: 
Provided that till such time such Rules are made under Section 55, the PAEC Service 
Regulations as amended from time to time shall, mutatis mutandis regulate appointments of officers 
and employees and the terms and conditions of their Service. 
41. Funds of the Authority.__ The funds of the Authority shall comprise: 
(a) funds of the Commission related to the Directorate of Nuclear Safety 
and Radiation Protection as transferred to the Authority under section 
54;  
(b) grants from the Federal Government; 
(c)  grants from a Provincial Government; 
(d) income from the grant of authorization and issue of licence; 
 (e) international grants; and 
(f) receipts from such other sources as may be approved by the Authority. 
42. Budget.__ (1) The Authority shall, in respect of each financial year, submit for the approval 
of the Federal Government, by such date and in such form as may be prescribed by rules, a statement 
showing the estimated receipts and expenditures. 
 (2)   Any surplus of receipts over the actual expenditure in a year, after payment of tax, shall 
be remitted to the Federal Consolidated Fund and any deficit from the actual expenditure shall be 
made up by the Federal Government. 
43. Audit and accounts. __ (1) The Authority shall maintain complete and accurate books of 
accounts of its actual expenses and receipts in such form and manner as the Federal  Government may, 
in consultation with the Auditor-General of Pakistan, determine. 
(2) The accounts of the Authority shall be audited by the Auditor-General of Pakistan. 
44. Offences.__ (1) Any person who contravenes any of the provisions of sections 19,20, 21, 22 
or 23 shall be punishable with imprisonment for a term which may extend to seven years, or with fine 
which may extend to one million rupees, or with both. 
 
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(2) Any person who fails to furnish any return required under this Ordinance or the rules and 
regulations made thereunder, or willfully furnishes any false return or information, or obstructs any 
officer or other person duly authorized under this O rdinance in the discharge of his duty thereunder, 
shall be punishable with imprisonment for a term which may extend to one year, or with fine which 
may extend to 0.25 million rupees, or with both. 
(3) Any operator licensed under section 19 or any person au thorized under sections20, 21, 22 
or 23, who contravenes any of the provisions of any rules or regulations made under this Ordinance, 
or any term or conditions imposed thereunder, shall be punishable with imprisonment for a ter m 
which may extend to three years, or with tine which may extend to 0.5 million rupees or with both. 
(4) Any person who fails to comply with, or contravenes any provisions, conditions or 
requirements contained under this Ordinance or the rules and regulations made thereunder or commit s 
an offence where no penalty is elsewhere provided, shall be punishable with imprisonment for a term 
which may extend to six months, or with fine which may extend to 0.1 million rupees, or with both 
(5) All Penalties and fines recovered by the Authority s hall be credited to the Federal 
Consolidated Fund  
  45. Cognizance of offences. __ (1) No Court shall take cognizance of an offence  punishable 
under this Ordinance except upon complaint in writing made by the Authority or an officer of the 
Authority authorized by it. 
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act  V of 
1898) __ 
(a) no Court inferior to that of a Judicial Magistrate of the first class shall try an 
offence punishable under this Ordinance; 
(b) all offences under this Ordinance shall be non-bailable; and 
(c) it shall be lawful for any Judicial Magistrate of the first class to pass any 
sentence authorized by this Ordinance. 
(3) The Authority, before filing a complaint under sub -section (1), shall give show cau se 
notice and opportunity of being heard to the licensee. 
46. Tribunals. __ (1) The Authority may, from amongst its professional staff, establish  special 
tribunals for resolving disputes between its Directorates and licensees or such other matters as the 
Authority may assign. 
(2) The Authority's determinations on decisions by tribunals set up under sub -section (1) shall 
be deemed to be decrees of a civil court under the Code of Civil Procedure,1908(Act V of 1908). 
47. Mode of recovery. __ All su ms payable to the Authority under the provisions o f this 
Ordinance and the rules and regulations made thereunder shall be recoverable as arrears of land 
revenue. 
 
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48. Power to exempt. __ The Authority may, by notification in the official Gazette, exempt 
any activity, person, class of persons, quantity of a nuclear substance or radiation facility, 
temporarily or permanently, from the application of all, or any of, the provisions of this Or dinance 
subject to such conditions, as it may specify in the notification. 
49. Submission of periodical reports, etc. __ The Authority shall submit to the Federal 
Government periodical reports, accounts statements, or any other report at such time and at su ch 
intervals as the Federal Government may specify. 
50.  Discoveries and inventions to vest in the Authority. ___ All  rights  relating to 
discoveries and inventions and any improvements in materials, methods, processes, apparatus or 
equipment made by any o fficer or employee of the Authority in the course of his employment shall 
vest in the Authority. 
51. Declaration of fidelity and secrecy. __ The chairman, every member, adviser, consultant, 
officer or any other employee of the Authority shall, before enteri ng upon his duties, shall make 
declaration of fidelity and secrecy as may be prescribed by rules. 
52. Chairman, members, etc., to be public servants. __  The Chairman, members, officers 
and employees of the Authority shall, when acting or purporting to, act  in pursuance of any of the 
provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the 
Pakistan Penal Code 1860(Act XLV of 1860). 
53. Indemnity. __ No suit, prosecution or other legal proceedings shall lie against the 
Authority,  the  Chairman,  members,  officers  and  servants  of the  Authority in  respect  of 
anything which is in good faith done or intended to be done under this Ordinance. 
54. Dissolution of PNRB and DNSRP and transfer of rights and liabilities  of the 
Commission regarding DNSRP to the Authority. __ Upon commencement of this Ordinance the 
Pakistan Nuclear Regulatory Board (PNRB) set up under the Prime Minster's Secretariat 
Notification, dated the 30th October, 1994, and the Directorate of Nuclear Safety and Radiation 
Protection (DNSRP) of the Commission set up under the Pakistan Nuclear Safety and Radiation 
Protection (PNSRP) Ordinance 1984, shall stand dissolved and upon such dissolution:— 
(a) all assets, rights, powers, authorities and privileges , and all property, movable   
and   immovable, cash   and   bank   balances, reserve   funds, investments and 
all other interests and rights in, or arising out of, such property and all debts, 
liabilities and obligations of whatever kind of the PNRB and of  the 
Commissions relating to DNSRP subsisting immediately before its dissolution 
shall stand transferred to and vest in the Authority; 
(b) all officers, consultants, advisers, auditors and other employees of the PNRB 
and of the Commission working in the DN SRP shall have option to remain on 
the strength of the Commission or to join the Authority, those opting for the 
Authority shall, notwithstanding anything contained in any law or in any  
 
Page 20 of 21 
 
agreement,  deed,  document  or other  instrument,  stand  transferred   to  the 
Authority and shall be deemed to have been appointed or engaged by the 
Authority in accordance with the terms and conditions of service prescribed by 
regulations, and no officer, consultant, adviser, auditor or other employee 
whose services  are  so  transferred  shall  be  entitled  to  any compensation 
because of such transfer; and 
(c) all debts and obligations, incurred or contracts entered into or rights acquired 
and all matters and things engaged to be done by, with or for the DNSRP, or 
with or for the Commission related to DNSRP, before dissolution of DNSRP 
shall be deemed to have been incurred, entered into, acquired or engaged to be 
done by, with or for the Authority. 
55. Power to make rules. ___ The Authority may, with the approval of the F ederal 
Government, by notification in the official Gazette, make rules for carrying out the purposes of this 
Ordinance. 
56.  Power to make regulations. __ (1) The Authority may,  by notification  in  the official 
Gazette, make regulations, not inconsistent with this Ordinance and the rules, for carrying out the 
purposes of this Ordinance. 
(2) In particular and without prejudice to the generality of the foregoing power, such 
regulations may provide for__ 
(a) charging and collection of fees in connection with its licensing and regulatory 
functions provided that such fees shall be imposed by regulations on the basis 
of such published criteria as the Authority deems appropriate, taking into 
consideration among other criteria the nature of the activity authorized; and 
(b) charging of consultation fees and expenses, etc., from the applicant for any 
services provided, including the expenses of any consultation of experts. 
57. Expenses for safety measures or medical examination. __ The expenses of any safety 
measures o r medical examination carried out under this Ordinance or any regulations made 
thereunder shall be borne by the applicant. 
58. Ordinance to override other laws. __ This Ordinance shall have effect notwithstanding 
anything contained in any other law for the time being in force. 
59. Removal of difficulties. __ If any difficulty arises in giving effect to the provisions of this 
Ordinance, the Federal Government may make such orders not inconsistent with the provisions of 
this Ordinance, as may appear to it to be necessary for the purpose of removing the difficulty: 
Provided that no such power shall be exercised a fter the expiry of one year from the 
commencement of this Ordinance. 
 
 
60. Repeal and savings. __ (1) The Pakistan Nuclear Safety and Radiation Protection  
Ordinance, 1984(IV of 1984), is hereby repealed. 
(2) All regulations, guides, regulatory requirements, procedures etc., made under the 
provisions of the Pakistan Nuclear Safety and Radiation Protection Ordinance, 1984, and in force 
immediately before the commencement of this Ordinance, shall, mutatis mutandis and in so far as they 
are not inconsistent with any of the provisions of this Ordinance, shall continue in force until repealed 
or altered by rules or regulations made under this Ordinance.