Section 49

by substituting for subsection (1) the following subsection:

“(1)  Any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized in exercise of any power conferred under this Act shall be liable to forfeiture.”; and

by inserting after subsection (1) the following subsections:

“(1a)  An order for the forfeiture of any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste shall be made if it is proved to the satisfaction of the court that an offence under this

Act has been committed and that radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

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Where there is no prosecution or conviction in respect of any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized in the exercise of any power conferred under this Act, such items shall be held for the period of twelve calendar months from the date of seizure and at the end of that period shall be deemed forfeited, unless a written claim thereto is received within such period.

A person asserting that he is the owner of the radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized under this Act and that radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste are not liable to forfeiture may personally or by his agent authorized in writing by him, give written notice to the authorized officer who made the seizure of his claim.

On receipt of the written notice under subsection (1c), the authorized officer or a police officer not below the rank of Inspector shall without undue delay refer the matter to a court for decision.

The court to which the matter is referred shall issue a summon requiring the person asserting that he is the owner of the radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities

Atomic Energy Licensing (Amendment)

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involving radioactive material, nuclear material, radiation generator or radioactive waste and the person from whom they were seized to appear before the court, and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter.

If it is proved that an offence under this

Act has been committed and that radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste referred to in subsection (1e) were the subject matter of or were used in the commission of such offence, the court shall order the radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste to be forfeited, and shall, in the absence of such proof, order its release.”.

New sections 38a and 38b