The Civil Liability for Nuclear Damage Act, 2010

ACT NO. 38 OF 2010

PREAMBLE

An Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator, the appointment of a Claims Commissioner, the establishment of Nuclear Damage Claims Commission, and for matters connected therewith or incidental thereto.

ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
SECTIONS

1. Short title, extent, application and commencement.
2. Definitions.
   CHAPTER II
   LIABILITY FOR NUCLEAR DAMAGE
3. Atomic Energy Regulatory Board to notify nuclear incident.
4. Liability of operator.
5. Operator not liable in certain circumstances.
6. Limits of liability.
7. Liability of Central Government.
8. Operator to maintain insurance or financial securities.
   CHAPTER III
   CLAIMS COMMISSIONER
9. Compensation for nuclear damage and its adjudication.
10. Qualifications for appointment as Claims Commissioner.
11. Salary, allowances and other terms and conditions of service of Claims Commissioner.
12. Adjudication procedure and powers of Claims Commissioner.
    CHAPTER IV
    CLAIMS AND AWARDS
13. Inviting application for claims by Claims Commissioner.
14. Person entitled to make application for nuclear damage.
15. Procedure for making application before Claims Commissioner.
16. Award by Claims Commissioner.
17. Operator’s right of recourse.
18. Extinction of right to claim.
    CHAPTER V
    NUCLEAR DAMAGE CLAIMS COMMISSION
19. Establishment of Nuclear Damage Claims Commission.
20. Composition of Commission.
21. Term of office.
22. Salary, allowances and other terms and conditions of service of Chairperson and Members.
23. Filling up of vacancies.
24. Resignation and removal.
25. Chairperson or Member deemed to retire from service.
26. Suspension of pension.
27. Prohibition of acting as arbitrator.
28. Prohibition of practice.
29. Powers of Chairperson.
30. Officers and other employees of Commission.
31. Application for compensation before Commission.
32. Adjudication procedure and powers of Commission.
33. Transfer of pending cases to Commission.
34. Proceedings before Claims Commissioner or Commission to be judicial proceedings.
35. Exclusion of jurisdiction of civil courts.
36. Enforcement of awards.
37. Annual report.
38. Dissolution of Commission in certain circumstances.
    CHAPTER VI
    OFFENCES AND PENALTIES
39. Offences and penalties.
40. Offences by companies.
41. Offences by Government Departments.
42. Cognizance of offences.
    CHAPTER VII
    MISCELLANEOUS
43. Power to give directions.
44. Power to call for information.
45. Exemption from application of this Act.
46. Act to be in addition to any other law.
47. Protection of action taken in good faith.
48. Power to make rules.
49. Power to remove difficulties.

The Civil Liability for Nuclear Damage Act, 2010

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