SectionsParticulars
1Preamble
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 chan...
Chapter IPreliminary
1Short title, extent, application and commencement
Chapter I: Preliminary1. Short title, extent, application and commencement.- 1.     This Act may be called the Civil Liability for Nuclear Damage Act, 2010....
2Definitions
2. Definitions. – In this Act, unless the context otherwise requires,--a.     "Chairperson" means the Chairperson of the Commission appointed under sub-secti...
Chapter IILiability for Nuclear Damage
3Atomic Energy Regulatory Board to notify nuclear incident
Chapter II: Liability for Nuclear Damage3. Atomic Energy Regulatory Board to notify nuclear incident. – 1.     The Atomic Energy Regulatory Board constitute...
4Liability of operator
4. Liability of operator. – 1.     The operator of the nuclear installation shall be liable for nuclear damage caused by a nuclear incident --a.     in th...
5Operator not liable in certain circumstances
5. Operator not liable in certain circumstances. – 1.     An operator shall not be liable for any nuclear damage where such damage is caused by a nuclear in...
6Limits of liability
6. Limits of liability. – 1.     The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million ...
7Liability of Central Government
7. Liability of Central Government. – 1.     The Central Government shall be liable for nuclear damage in respect of a nuclear incident, --a.     where th...
8Operator to maintain insurance or financial securities
8. Operator to maintain insurance or financial securities. – 1.     The operator shall, before he begins operation of his nuclear installation, take out ins...
Chapter IIIClaims Commissioner
9Compensation for nuclear damage and its adjudication
Chapter III: Claims Commissioner9. Compensation for nuclear damage and its adjudication. – 1.     Whoever suffers nuclear damage shall be entitled to claim ...
10Qualifications for appointment as Claims Commissioner
10. Qualifications for appointment as Claims Commissioner. – A person shall not be qualified for appointment as a Claims Commissioner unless he--a.     is, ...
11Salary, allowances and other terms and conditions of service of Claims Commissioner
11. Salary, allowances and other terms and conditions of service of Claims Commissioner. – The salary and allowances payable to and other terms and conditions...
12Adjudication procedure and powers of Claims Commissioner
12. Adjudication procedure and powers of Claims Commissioner. – 1.     For the purposes of adjudication of claims under this Act, the Claims Commissioner sh...
Chapter IVClaims and Awards
13Inviting application for claims by Claims Commissioner
Chapter IV: Claims and Awards13. Inviting application for claims by Claims Commissioner. – After the notification of nuclear incident under sub-section (1) o...
14Person entitled to make application for nuclear damage
14. Person entitled to make application for nuclear damage. – An application for compensation before the Claims Commissioner or the Commission, as the case ma...
15Procedure for making application before Claims Commissioner
15. Procedure for making application before Claims Commissioner. – 1.     Every application for compensation before the Claims Commissioner for nuclear damag...
16Award by Claims Commissioner
16. Award by Claims Commissioner. – 1.     On receipt of an application under sub-section (1) of section 15, the Claims Commissioner shall, after giving not...
17Operator's right of recourse
17. Operator's right of recourse. – The operator of the nuclear installation, after paying the compensation for nuclear damage in accordance with section 6, ...
18Extinction of right to claim
18. Extinction of right to claim. – The right to claim compensation for nuclear damage shall extinguish, if such claim is not made within a period of--a.    ...
Chapter VNuclear Damage Claims Commission
19Establishment of Nuclear Damage Claims Commission
Chapter V: Nuclear Damage Claims Commission19. Establishment of Nuclear Damage Claims Commission. – Where the Central Government, having regard to the injury...
20Composition of Commission
20. Composition of Commission.- 1.     The Commission shall consist of a Chairperson and such other Members, not exceeding six, as the Central Government ma...
21Term of office
21. Term of office. – The Chairperson or a Member, as the case may be, shall hold office as such for a term of three years from the date on which he enters u...
22Salary, allowances and other terms and conditions of service of Chairperson and Members
22. Salary, allowances and other terms and conditions of service of Chairperson and Members. – The salary and allowances payable to and other terms and condi...
23Filling up of vacancies
23. Filling up of vacancies. – If, for reasons other than temporary absence, any vacancy occurs in the office of the Chairperson or Member, as the case may b...
24Resignation and removal
24. Resignation and removal. – 1.     The Chairperson or a Member may, by a notice in writing under his hand addressed to the Central Government, resign his...
25Chairperson or Member deemed to retire from service
25. Chairperson or Member deemed to retire from service. – A person who, immediately before the date of assuming office as a Chairperson or a Member, was in ...
26Suspension of pension
26. Suspension of pension. – If a person who, immediately before the date of assuming office as the Chairperson or a Member was in receipt of or being eligib...
27Prohibition of acting as arbitrator
27. Prohibition of acting as arbitrator. – No person shall, while holding office as a Chairperson or a Member, act as an arbitrator in any matter. ...
28Prohibition of practice
28. Prohibition of practice. – On ceasing to hold office, the Chairperson or a Member shall not appear, act or plead before the Commission....
29Powers of Chairperson
29. Powers of Chairperson. – The Chairperson shall have the power of superintendence in the general administration of the Commission and exercise such powers...
30Officers and other employees of Commission
30. Officers and other employees of Commission. – 1.     The Central Government shall provide the Commission with such officers and other employees as it ma...
31Application for compensation before Commission
31. Application for compensation before Commission. – 1.     Every application for compensation before the Commission for nuclear damage shall be made in su...
32Adjudication procedure and powers of Commission
32. Adjudication procedure and powers of Commission. – 1.     The Commission shall have original jurisdiction to adjudicate upon every application for compe...
33Transfer of pending cases to Commission
33. Transfer of pending cases to Commission. – Every application for compensation pending before the Claims Commissioner immediately before the date of estab...
34Proceedings before Claims Commissioner or Commission to be judicial proceedings
34. Proceedings before Claims Commissioner or Commission to be judicial proceedings.- Every proceeding before the Claims Commissioner or the Commission under ...
35Exclusion of jurisdiction of civil courts
35. Exclusion of jurisdiction of civil courts. – Save as otherwise provided in section 46, no civil court (except the Supreme Court and a High Court exercisi...
36Enforcement of awards
36. Enforcement of awards.- 1.     When an award is made under sub-section (1) of section 16 or under sub-section (6) of section 32, --a.     the insurer ...
37Annual report
37. Annual report. – The Commission shall prepare, in such form and at such time in each financial year, as may be prescribed, an annual report giving full ac...
38Dissolution of Commission in certain circumstances
38. Dissolution of Commission in certain circumstances. – 1.     Where the Central Government is satisfied that the purpose for which the Commission establi...
Chapter VIOffences and Penalties
39Offences and penalties
Chapter VI: Offences and Penalties39. Offences and penalties. – 1.     Whoever--a.     contravenes any rule made or any direction issued under this Act; or...
40Offences by companies
40. Offences by companies. – 1.     Where an offence under this Act has been committed by a company, every person who at the time the offence was committed,...
41Offences by Government Departments
41. Offences by Government Departments. – Where an offence under this Act has been committed by any Department of the Government, the Head of the Department ...
42Cognizance of offences
42. Cognizance of offences. – No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under ...
Chapter VIIMiscellaneous
43Power to give directions
Chapter VII: Miscellaneous43. Power to give directions. – The Central Government may, in exercise of its powers and performance of its functions under this ...
44Power to call for information
44. Power to call for information. – The Central Government may call for such information from an operator as it may deem necessary....
45Exemption from application of this Act
45. Exemption from application of this Act. – The Central Government may, by notification, exempt any nuclear installation from the application of this Act w...
46Act to be in addition to any other law
46. Act to be in addition to any other law. – The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being ...
47Protection of action taken in good faith
47. Protection of action taken in good faith. – No suit, prosecution or other legal proceedings shall lie against the Central Government or the person, offic...
48Power to make rules
48. Power to make rules. – 1.     The Central Government may, by notification, make rules for carrying out the purposes of this Act.2.     In particular, ...
49Power to remove difficulties
49. Power to remove difficulties. – 1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order pub...
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