Terming the CAG's finding that the nuclear regulator can slap fines up to a maximum of Rs 500 as a "serious mistake",a former AERB official today said the government auditor should apologise for the "unpardonable misinterpretation" of the Atomic Energy Act. "The CAG should have discussed it with their legal cell before jumping into wrong conclusions," K S Parthasarathy,former Secretary,Atomic Energy Regulatory Board (AERB) said. Stating that the maximum amounts of fines were too low to serve as deterrents against offences/contraventions related to nuclear and radiation facilities which involve substantial risks is too serious a mistake to be ignored,he said. "I feel strongly that it is fair to ask CAG to apologise to the President,the Parliament and the public for making such an unpardonable misinterpretation of the Atomic Energy Act," Parthasarathy said. He said the CAG must add a supplementary note to the original report explaining the provision and correcting the wrong interpretation. The CAG report had stated that the maximum amount of fines (up to Rs 500) was too low to serve as deterrents against offences and contraventions related to nuclear and radiation facilities which involve substantial risks. Parthasarathy said safety violations of the Atomic Energy Act are punishable with imprisonment for a term which may extend to five years,or with fine,or with both. "Rules made under this Act may provide that a contravention of the rules shall,save as otherwise expressly provided in this Act,be punishable with fine,which may extend to five hundred rupees," reads sub-section 30(3) of the Atomic Energy Act. Parthasarathy said an initial reading of the Act may give an impression that the fine the regulator can impose is a maximum of Rs 500. He pointed out that sub-section 30(3) clearly states "otherwise expressly provided in this Act". "Section 24 has expressly made provisions for just and reasonable punishment for serious violations. Section 30(3) appears to refer to minor administrative lapses. Such provisions are available in most of the Acts," he said.
