The Civil Liability for Nuclear Damage Act, 2010
ACT NO. 38 OF 2010
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
- Short title, extent, application and commencement.
LIABILITY FOR NUCLEAR DAMAGE
- Atomic Energy Regulatory Board to notify nuclear incident.
- Liability of operator.
- Operator not liable in certain circumstances.
- Limits of liability.
- Liability of Central Government.
- Operator to maintain insurance or financial securities.
- Compensation for nuclear damage and its adjudication.
- Qualifications for appointment as Claims Commissioner.
- Salary, allowances and other terms and conditions of service of Claims Commissioner.
- Adjudication procedure and powers of Claims Commissioner.
CLAIMS AND AWARDS
- Inviting application for claims by Claims Commissioner.
- Person entitled to make application for nuclear damage.
- Procedure for making application before Claims Commissioner.
- Award by Claims Commissioner.
- Operator’s right of recourse.
- Extinction of right to claim.
NUCLEAR DAMAGE CLAIMS COMMISSION
- Establishment of Nuclear Damage Claims Commission.
- Composition of Commission.
- Term of office.
- Salary, allowances and other terms and conditions of service of Chairperson and Members.
- Filling up of vacancies.
- Resignation and removal.
- Chairperson or Member deemed to retire from service.
- Suspension of pension.
- Prohibition of acting as arbitrator.
- Prohibition of practice.
- Powers of Chairperson.
- Officers and other employees of Commission.
- Application for compensation before Commission.
- Adjudication procedure and powers of Commission.
- Transfer of pending cases to Commission.
- Proceedings before Claims Commissioner or Commission to be judicial proceedings.
- Exclusion of jurisdiction of civil courts.
- Enforcement of awards.
- Annual report.
- Dissolution of Commission in certain circumstances.
OFFENCES AND PENALTIES
- Offences and penalties.
- Offences by companies.
- Offences by Government Departments.
- Cognizance of offences.
- Power to give directions.
- Power to call for information.
- Exemption from application of this Act.
- Act to be in addition to any other law.
- Protection of action taken in good faith.
- Power to make rules.
- Power to remove difficulties.