Atomic Energy Law

2. The following expressions contained in this Law shall have the meanings given hereunder: - (a) Atomic Energy means energy obtained from any process involving• the nucleus which is the inner part of an atom; (b) Nuclear Material means uranium or plutonium from which atomic energy can be obtained. The said expression also includes material determined by the Council by notification as nuclear material ; (c} Radioactive Material means any materfal which emits any type of smaller particles from the nucleus of an atom or gamma-ray or x- ray which are electromagnetic waves of short wavelength, in excess of the level prescribed by the Council. The said expression also includes radioisotopes ; 64 (d) Radiation means any kind of emission of atom or particles smaller than atom or gamma-ray or x-ray. The said expression does not include sound wave, radio wave, microwave, infra-red ray and ordinary light; (e) Irradiation Apparatus means a device capable of emitting radia- tion. The saic 8Xpn:'ission also includes a device capable of emitting radiation declared by notification by the Council; {f) Council rneails tne Atomic Energy Council formed unc.ier section 4 of this Law; (g) Ministry me.,ms tht !Aini~.try of Science and Technoiogy; (h) Department means the Department of Atomic Energy. Chapter II Objectives

3. The objectives of this Law are as follows: - (a) to develop atomic energy utilization in the State ; (b) to ensure safety in utilization of atomic energy in the State; (c) to lay down and carry out measures for prevention of atomic radia tion effects on man and environment: (d) to enable communication with local and foreign research institutes and organizations for the development of knowledge and technology relating to atomic energy. 65 Chapter lll Formation of the Atomic Energy Council 4 The Ministry:- (a) shall, with the approval of the Government, form the atomic Energy Council comprising the following persons : - (1) Minister Chairman Ministr·:/ of Science and Technology (2) Ministers or Deputy ~v~irnsters from Members relevant Ministric· ; (3) Heads of Government Departments Members and Organizations relevant to atomic energy (4) Suitable Scientists Members (5) Director General Member Department of Advanced Science and Technology (6) Director General Secretary Department of Atomic Energy (b) may, in forming under sub-section (a), determine the Vice-Chairman and Joint Secretary, if necessary.

5. A Council member who is not a Government servant is entitled to receive remuneration prescribed by the Ministry. 66 Chapter IV Duties and Powers of th6 Council

6. The duties and powers of the Council are as follows : - (a) laying down the policy and giving guidance in respect of having nec- essa;y controls in utilizing atomic energy; (b) laying down st,ort-term and long-term plans relatiilg !o ;:itomic en- ergy and giving guidance and supervision to irnpkirnem such pians; (c) giving guidance and supervision in respect of utilization. production, storage cfotribution, sale, import, export or disposa, •tif nuclear material, radioactive material or irradiation apparatus, (d) prescribing in conformity with internationl standards, to enable hav- ing necessary controls in respect of nuclear material, radioactive material or irradiation apparatus; (e) giving guidance and supervision in respect of regi~,tr'ation and issuance of business licence of nuclear material, radioactive mate- rial or irradiation apparatus; (f) laying down programmes to enable communication and cooperation with local and foreign research institutes and organizations relating to atomic energy; (g) laying down policy and giving guidance in respect of research work relating to utilization, production, development and disposal of atomic energy; 67 (h) submitting suggestions to the Government in respect of international conventions and provisions relating to atomic energy; (i ) coordinating with relevant Ministries in repect of teaching subjects relating to atomic energy in the universities, degree colleges, colleges and institutes; ( j) giving guldance for dissemination of knowledge relating to effects of atomic energy among the public. Chapter V Duties and Powers of the Ministry

7. The Ministry shall:- (a) prescribe registration fees, tenure of registration certificate and terms and conditions of registration certificate; (b) prescribe licence fees, tenure of licence and terms and conditions of licence; (c) with the approval of the Government, prescribe remuneration for service relating to atomic energy.

8. The Ministry : - (a) may, in coordination with the relevant Ministries, assign duties to any suitable personnel as inspector for enabling the performance of inspection works on nuclear material, radioactive material or irradiation apparatus; 68 (b) shall perscribe the duties and functions of the inspector assigned duty under sub-section (a).

9. The Ministry may assign duty to suitable persons to enter and search, in accordance with the stipulations, land area, building, vehicle, vessel or aircraft believed to be involved in an offence under this Law. I 0. The Ministry : - (a) Shall perscribe the duties and functions to be carried out by the Department; (b) rn;;iy exempt any Government Department or Organizat:on from r::ompfiance with any provision contained in this L2w. Chapter VI Duties and Functions of the Department

11. The duties and functions of the Department are as follows : - (a) carrying out research works relating to practical applications of atomic energy; (b) carrying out advanced research works so that the research works that have already been successful at laboratory level may reach production level; (c) recognizing and inspecting primary and secondary standard laboratories; (d) communicating and cooperating with local and foreign research institutes and organizations relating to atomic energy; G9 {e) carryin(1 out research and development works relating to utilization of atomic energy and protection from atomic radiation; (f) inspecting and testing machinery equipment relating to atom]c energy; (g) determining nuclear material, radioactive material or irradiation apparatus, that is not suitable for further utilization or retention; (h) with respect to nuclear material, radioactive material or irrad1ation apparatus : - (i) issuing registration certificate for keeping in µosses3ion of thesame; (ii) issuing licence for 0tilization, production, storage, distribution or sale of the same; (i) holding and attending local and foreign seminars 8nd conferences on atomic energy, exchanging scientists and cooperating with the same; U) coordinating with relevant Government Departments and Organizations in rnspect of teaching subjects on atomic energy in the universities, degree colleges, colleges and institutes, (k) carrying out dfssemination of knowledge relating to effects of atomic energy among the public; (l) supervising the performance of duties and functions of the inspector; (m) carrying out the duties and functions asslgned by the Council and the Ministry; submitting its report on work perfmmance to the Council and t 1:c Ministry.

12. The Department is entiled to receive remuneration prescribed by the Ministry for sevice relating to atomic energy. Chapter VII Registration Certificate

13. A Person in possession of any kind of nuclear material, radioactive material er irradiation apparatus shall, within 30 days from the date of being in possession of the same, apply to the Department in accordance with the stipulations in order to obtain the registration certificate.

14. The Department may, after scrutinizing the application under section 13 in accordc:1nce with tr e stipulations, permit or refuse to 13sue the reuistration certificate.

15. The registration fee, the tenure of registration certificate and terms and conditions of the registration certificate are as prescribed by the Ministry.

16. A person who has received the registration certificate shall : - (a) abide by this Law and rules, procedures, orders and directives made under this Law; (b) pay the fees due under this Law, in accordance with the stipulations, in Myanmar currency or in foreign currency or in both. 71 Chapter VIII Licence

17. A person who has received the registration certificate shall, if desirous of utilizing, producing, storing, distributing or selling nuclear material.radioactive material or irradiation apparatus, apply to the Depariment in accordance with the stipulations, in order to obtain the licence.

18. The Department may, after scrutinizing the application under secton 17 in accordance with the stipulations, permit or refuse to i!~sue the !icence.

19. The licence fee, the tenure of licence and terms and conditions of the licence are as prescribed by the Ministry.

20. Tl1e person who has received the licence shall:- (a) abide by this Law and rules, procedures, orders and directives made under this Law; (b) abide by the terms and conditions contained in the licence; (c) pay the fees due under this Law, in accordance with the stipulations, in Myanmar currency or in foreign currency or in both. Chapter IX Prior Permission

21. A person desirous of importing or exporting any kind of nuclear material, radioactive material or irradiation apparatus shall, before applying for import-export permit or licence to the relevant Government Department or Organization, apply to the Department in accordance with the stipulations, in order to obtain prior permission. 72

22. The Department may, after scrutinizing the application under section 21 in accordance with the stipulations, or refuse to grant prior permission.

23. The Government Department or Organization authorized to issue import- export permit or licence may grant permission to import or export only the nuclear material, radioactive material or irradiation apparatus that are in conformity with the prior permission granted by the Department. Chapter X Taking Administrative Action

24. The Department may pass any of the following administrative orders on the person who h ts obatined registration cerlficate, on violation c i any provision contained in section 16 or the person who has obtained lrcence, on violation of any provision contained in section 20: - (a) revocation of registration certificate or licence for a limited period; (b) cancellation of registration certificate or licence.

25. (a) The person whose registration certificate or licence is revoked for a limited period may, on expiry of the said period, apply to the Department to regain the registration certificate or licence. (bJ The Department may, after scrutinizing the application under sub-section (a) in accordance with the stipulations, re-issue the registration certificate of licence.

26. If the person who has obtained the registration certificate or licence has had the registration certificate or licence cancelled, he shall abide by the directives issued by the Department, in respect of the nuclear material, radioactive material or irradiation apparatus. 73 Chapter XI Appeal

27. A person who ts dissatisfied with the order or decision made by the Department under this Law many prefer an appeal to the Ministry within 30 days from the date of passing such order or decision.

28. The decision of the Ministry shall be final and conclusive. Chapter XII Prohibitions

29. No person shall, if application has not been made for a registration certificate in accordance with this Law or if the application for a registration certificate has been refused by the Department, keep in possession nuclear material, radioactive material or irradiation apparatus,

30. No person shall, without a licence, utilize, produce, store, distribute or sell nuclear material, radioactive material or irradiation apparatus,

31. No person shall without prior permission of the Department, import or export nuclear material, radioactive material or irradiation apparatus.

32. No person shall keep in possession, utilize, produce, store, distribute or sell nuclear material, radioactive material or irradiation apparatus determined by the Department as being not suitable for further utilization or retention. 74 Chapter Xlll Penalties

33. Whoever violates the provision contained in section 29 shall, on conviction be punished with imprisonment for a term which may extend to 3 years or with fine or with both. In addition, the exhibits relating to the offence shall also be confiscated.

34. Whoever violates any provision contained in section 30, section 31 or section 32, shall, on conviction be punished with imprisonment for a term which may extend to 7 years and also be liable to a fine. In addition, the exhibits relating to the offence shall also be confiscated. Chapter XIV Miscellaneous

35. The Department shall : - (a) bear the expenses of the Council; (b) .undel,iake to perform the office works of the Council. 36. ln,an offence prosecuted under this Law, the report on findings by analysis of the Atomic Energy Department in respect of the exhibits which are the nuclear material, radioactive material or irradiation apparatus shall be conculsive evidence for such offence.

37. In instituting legal proceedings against the offender under this Law, prior sancton of t~,e Ministry shall be obtained.

38. If an exhibit relating to any legal proceeding instituted under this Law is not easily produce able before the Court, a report or other revelant documentary 75 evidence as to the manner o~ custody of the same may be submitted. Such submission shall be deemed as if it were a submisson of the exhibit before thtc. court, and the revelant court shafl pass an order for disposal of the same in accordance with law.

39. For the purpose of carrying out the provisions of this Law: - (a) The Ministry may, with the approval of the Government, issue such rules and procedures as be necessary; (b) The Council, the Ministry or the Dpartment may issue such orders and directives as may be necessary Sd./ Than Shwe Senior General Chairman The State Peace and Development Council