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Nuclear Liability Bill as Passed by Lok Sabha

Written By Gopal Krishna on Sunday, August 29, 2010 | 9:26 PM

THE CIVIL LIABILITY FOR NUCLEAR DAMAGE BILL, 2010
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ARRANGEMENT OF CLAUSES
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CHAPTER I
PRELIMINARY
CLAUSES
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. Persons 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.
AS PASSED BY LOK SABHA
ON 25TH AUGUST, 2010
Bill No. 19-C of 2010
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.
(ii)
CLAUSES
THE CIVIL LIABILITY FOR NUCLEAR DAMAGE BILL, 2010
A
BILL
to provide for civil liability for nuclear damage, and prompt compensation to the victims of
a nuclear incident through a nofault libaility regime channeling liability to the
operator, appointment of Claims Commissioner, establishment of Nuclear Damage
Claims Commission and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Civil Liability for Nuclear Damage Act, 2010.
(2) It extends to the whole of India.
(3) It also applies to nuclear damage suffered—
(a) in or over the maritime areas beyond the territorial waters of India;
Short title,
extent,
application
and
commencement.
Bill No. 19-C of 2010
AS PASSED BY LOK SABHA
ON 25TH AUGUST, 2010
5
2
(b) in or over the exclusive economic zone of India as referred to in section 7 of
the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime
Zones Act, 1976;
(c) on board or by a ship registered in India under section 22 of the Merchant
Shipping Act, 1958 or under any other law for the time being in force;
(d) on board or by an aircraft registered in India under clause (d) of sub-section (2)
of section 5 of the Aircraft Act, 1934 or under any other law for the time being in force;
(e) on or by an artificial island, installation or structure under the jurisdiction of India.
(3A) It applies only to the nuclear installation owned or controlled by the Central
Government either by itself or through any authority or corporation established by it or a
Government company.
Explanation.—For the purposes of this sub-section, "Government company" shall
have the same meaning as assigned to it in clause (bb) of sub-section (1) of section 2 of the
Atomic Energy Act, 1962.
(4) It shall come into force on such date as the Central Government may, by notification,
appoint; and different dates may be appointed for different provisions of this Act, and any
reference in any such provision to the commencement of this Act shall be construed as a
reference to the coming into force of that provision.
2. In this Act, unless the context otherwise requires,—
(a) "Chairperson" means the Chairperson of the Commission appointed under
sub-section (1) of section 20;
(b) "Claims Commissioner" means the Claims Commissioner appointed under
sub-section (2) of section 9;
(c) "Commission" means the Nuclear Damage Claims Commission established
under section 19;
(ca) "environment" shall have the same meaning as assigned to it in clause (a) of
section 2 of the Environment (Protection) Act, 1986;
(d) "Member" means a Member of the Commission appointed under subsection
(1) of section 20;
(e) "notification" means a notification published in the Official Gazette and the
term "notify" shall be construed accordingly;
(f) "nuclear damage'' means—
(i) loss of life or personal injury (including immediate and long term health
impact) to a person; or
(ii) loss of, or damage to, property,
caused by or arising out of a nuclear incident, and includes each of the following to the
extent notified by the Central Government;
(iii) any economic loss, arising from the loss or damage referred to in
sub-clause (i) or (ii) and not included in the claims made under those
sub-clauses, if incurred by a person entitled to claim such loss or damage;
(iv) costs of measures of reinstatement of impaired environment caused
by a nuclear incident, unless such impairment is insignificant, if such measures
are actually taken or to be taken and not included in the claims made under
sub-clause (ii);
(v) loss of income derived from an economic interest in any use or
enjoyment of the environment, incurred as a result of a significant impairment of
that environment caused by a nuclear incident, and not included in the claims
under sub-clause (ii);
(vi) the costs of preventive measures, and further loss or damage caused
by such measures;
80 of 1976.
44 of 1958.
22 of 1934.
Definitions.
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10
15
20
25
30
35
40
45
50
33 of 1962.
29 of 1986.
3
(vii) any other economic loss, other than the one caused by impairment of the
environment referred to in sub-clauses (iv) and (v), in so far as it is permitted by the
general law on civil liability in force in India and not claimed under any such law,
in the case of sub-clauses (i) to (v) and (vii) above, to the extent the loss or damage
arises out of, or results from, ionizing radiation emitted by any source of radiation
inside a nuclear installation, or emitted from nuclear fuel or radioactive products or
waste in, or of, nuclear material coming from, originating in, or sent to, a nuclear
installation, whether so arising from the radioactive properties of such matter, or
from a combination of radioactive properties with toxic, explosive or other hazardous
properties of such matter;
(g) “nuclear fuel” means any material which is capable of producing energy
by a self-sustaining chain process of nuclear fission;
(h) “nuclear incident” means any occurrence or series of occurrences having
the same origin which causes nuclear damage or, but only with respect to preventive
measures, creates a grave and imminent threat of causing such damage;
(i) “nuclear installation” means—
(A) any nuclear reactor other than one with which a means of transport
is equipped for use as a source of power, whether for propulsion thereof or for
any other purpose;
(B) any facility using nuclear fuel for the production of nuclear material,
or any facility for the processing of nuclear material, including re-processing
of irradiated nuclear fuel; and
(C) any facility where nuclear material is stored (other than storage
incidental to the carriage of such material).
Explanation.— For the purpose of this clause, several nuclear installations
of one operator which are located at the same site shall be considered as a single
nuclear installation;
(j) “nuclear material” means and includes—
(i) nuclear fuel (other than natural uranium or depleted uranium) capable
of producing energy by a self-sustaining chain process of nuclear fission
outside a nuclear reactor, either by itself or in combination with some other
material; and
(ii) radioactive products or waste;
(k) “nuclear reactor” means any structure containing nuclear fuel in such an
arrangement that a self-sustaining chain process of nuclear fission can occur therein
without an additional source of neutrons;
(l) “operator”, in relation to a nuclear installation, means the Central Government
or any authority or corporation established by it or a Government company who has
been granted a licence pursuant to the Atomic Energy Act, 1962 for the operation of
that installation;
(m) “prescribed” means prescribed by rules made under this Act;
(n) “preventive measures” means any reasonable measures taken by a person
after a nuclear incident has occurred to prevent or minimise damage referred to in
sub-clauses (i) to (v) and (vii) of clause (f), subject to the approval of the Central
Government;
(o) “radioactive products or waste” means any radioactive material produced
in, or any material made radioactive by exposure to, the radiation incidental to the
production or utilisation of nuclear fuel, but does not include radioisotopes which
have reached the final stage of fabrication so as to be usable for any scientific,
medical, agricultural, commercial or industrial purpose;
5
15
20
25
30
35
40
45
50
10
33 of 1962.
4
(p) “Special Drawing Rights” means Special Drawing Rights as determined by
the International Monetary Fund.
CHAPTER II
LIABILITY FOR NUCLEAR DAMAGE
3. (1) The Atomic Energy Regulatory Board constituted under the Atomic Energy
Act, 1962 shall, within a period of fifteen days from the date of occurrence of a nuclear
incident, notify such nuclear incident:
Provided that where the Atomic Energy Regulatory Board is satisfied that the gravity
of threat and risk involved in a nuclear incident is insignificant, it shall not be required to
notify such nuclear incident.
(2) The Atomic Energy Regulatory Board shall, immediately after the notification
under sub-section (1) is issued, cause wide publicity to be given to the occurrence of such
nuclear incident, in such manner as it may deem fit.
4. (1) The operator of the nuclear installation shall be liable for nuclear damage caused
by a nuclear incident —
(a) in that nuclear installation; or
(b) involving nuclear material coming from, or originating in, that nuclear
installation and occurring before —
(i) the liability for nuclear incident involving such nuclear material has
been assumed, pursuant to a written agreement, by another operator; or
(ii) another operator has taken charge of such nuclear material; or
(iii) the person duly authorised to operate a nuclear reactor has taken
charge of the nuclear material intended to be used in that reactor with which
means of transport is equipped for use as a source of power, whether for
propulsion thereof or for any other purpose; or
(iv) such nuclear material has been unloaded from the means of transport
by which it was sent to a person within the territory of a foreign State; or
(c) involving nuclear material sent to that nuclear installation and occurring
after—
(i) the liability for nuclear incident involving such nuclear material has
been transferred to that operator, pursuant to a written agreement, by the operator
of another nuclear installation; or
(ii) that operator has taken charge of such nuclear material; or
(iii) that operator has taken charge of such nuclear material from a person
operating a nuclear reactor with which a means of transport is equipped for use
as a source of power, whether for propulsion thereof or for any other purpose; or
(iv) such nuclear material has been loaded, with the written consent of
that operator, on the means of transport by which it is to be carried from the
territory of a foreign State.
(2) Where more than one operator is liable for nuclear damage, the liability of the
operators so involved shall, in so far as the damage attributable to each operator is not
separable, be joint and several:
Provided that the total liability of such operators shall not exceed the extent of liability
specified under sub-section (2) of section 6.
33 of 1962.
Atomic Energy
Regulatory
Board to notify
nuclear
incident.
Liability of
operator.
10
15
20
25
30
35
40
5
5
(3) Where several nuclear installations of one and the same operator are involved in a
nuclear incident, such operator shall, in respect of each such nuclear installation, be liable to
the extent of liability specified under sub-section (2) of section 6.
(4) The liability of the operator of the nuclear installation shall be strict and shall be
based on the principle of no-fault liability.
Explanation.— For the purposes of this section,—
(a) where nuclear damage is caused by a nuclear incident occurring in a nuclear
installation on account of temporary storage of material-in-transit in such installation,
the person responsible for transit of such material shall be deemed to be the operator;
(b) where a nuclear damage is caused as a result of nuclear incident during the
transportation of nuclear material, the consignor shall be deemed to be the operator;
(c) where any written agreement has been entered into between the consignor
and the consignee or, as the case may be, the consignor and the carrier of nuclear
material, the person liable for any nuclear damage under such agreement shall be
deemed to be the operator;
(d) where both nuclear damage and damage other than nuclear damage have
been caused by a nuclear incident or, jointly by a nuclear incident and one or more
other occurrences, such other damage shall, to the extent it is not separable from the
nuclear damage, be deemed to be a nuclear damage caused by such nuclear incident.
5. (1) An operator shall not be liable for any nuclear damage where such damage is
caused by a nuclear incident directly due to—
(i) a grave natural disaster of an exceptional character; or
(ii) an act of armed conflict, hostility, civil war, insurrection or terrorism.
(2) An operator shall not be liable for any nuclear damage caused to—
(i) the nuclear installation itself and any other nuclear installation including a nuclear
installation under construction, on the site where such installation is located; and
(ii) to any property on the same site which is used or to be used in connection
with any such installation; or
(iii) to the means of transport upon which the nuclear material involved was
carried at the time of nuclear incident:
Provided that any compensation liable to be paid by an operator for a nuclear
damage shall not have the effect of reducing the amount of his liability in respect of
any other claim for damage under any other law for the time being in force.
(3) Where any nuclear damage is suffered by a person on account of his own negligence
or from his own acts of commission or omission, the operator shall not be liable to such
person.
6. (1) The maximum amount of liability in respect of each nuclear incident shall be the
rupee equivalent of three hundred million Special Drawing Rights or such higher amount as
the Central Government may specify by notification:
Provided that the Central Government may take additional measures, where necessary,
if the compansation to be awarded under this Act exceeds the amount specified under this
sub-section.
(2) The liability of an operator for each nuclear incident shall be—
(a) in respect of nuclear reactors having thermal power equal to or above ten
MW, rupees one thousand five hundred crores;
(b) in respect of spent fuel reprocessing plants, rupees three hundred crores;
(c) in respect of the research reactors having thermal power below ten MW, fuel
cycle facilities other than spent fuel reprocessing plants and transportation of nuclear
materials rupees one hundred crores:
Provided that the Central Government may, review the amount of operator's liability
from time to time and specify, by notification, a higther amount under this sub-section:
Provided further that the amount of liability shall not include any interest or cost of
proceedings.
Operator not
liable in
certain
circumstances.
Limits of
liability.
6
7. (1) The Central Government shall be liable for nuclear damage in respect of a
nuclear incident, —
(a) where the liability exceeds the amount of liability of an operator specified
under sub-section (2) of section 6, to the extent such liability exceeds such liability of
the operator;
(b) occurring in a nuclear installation owned by it; and
(c) occurring on account of causes specified in clauses (i) and (ii) of subsection
(1) of section 5:
Provided that the Central Government may, by notification, assume full liability for a
nuclear installation not operated by it if it is of the opinion that it is necessary in public
interest.
(2) For the purpose of meeting part of its liability under clause (a) or clause (c) of subsection
(1), the Central Government may establish a fund to be called the Nuclear Liability
Fund by charging such amount of levy from the operators, in such manner, as may be
prescribed.
8. (1) The operator shall, before he begins operation of his nuclear installation, take
out insurance policy or such other financial security or combination of both, covering his
liability under sub-section (2) of section 6, in such manner as may be prescribed.
(2) The operator shall from time to time renew the insurance policy or other financial
security referred to in sub-section (1), before the expiry of the period of validity thereof.
(3) The provisions of sub-sections (1) and (2) shall not apply to a nuclear installation
owned by the Central Government.
Explanation.—For the purposes of this section, “financial security” means a contract
of indemnity or guarantee, or shares or bonds or such instrument as may be prescribed or
any combination thereof.
CHAPTER III
CLAIMS COMMISSIONER
9. (1) Whoever suffers nuclear damage shall be entitled to claim compensation in
accordance with the provisions of this Act.
(2) For the purposes of adjudicating upon claims for compensation in respect of
nuclear damage, the Central Government shall, by notification, appoint one or more Claims
Commissioners for such area, as may be specified in that notification.
10. A person shall not be qualified for appointment as a Claims Commissioner unless
he—
(a) is, or has been, a District Judge; or
(b) in the service of the Central Government and has held the post not below the
rank of Additional Secretary to the Government of India or any other equivalent post
in the Central Government.
11. The salary and allowances payable to and other terms and conditions of service of
Claims Commissioner shall be such as may be prescribed.
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.
7
12. (1) For the purposes of adjudication of claims under this Act, the Claims
Commissioner shall follow such procedure as may be prescribed.
(2) For the purpose of holding inquiry, the Claims Commissioner may associate with
him such persons having expertise in the nuclear field or such other persons and in such
manner as may be prescribed.
(3) Where any person is associated under sub-section (2), he shall be paid such
remuneration, fee or allowance, as may be prescribed.
(4) The Claims Commissioner shall, for the purposes of discharging his functions
under this Act, have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908, while trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing of commission for the examination of any witness;
(f) any other matter which may be prescribed.
(5) The Claims Commissioner shall be deemed to be a civil court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
CHAPTER IV
CLAIMS AND AWARDS
13. After the notification of nuclear incident under sub-section (1) of section 3, the
Claims Commissioner, having jurisdiction over the area, shall cause wide publicity to be
given, in such manner as he deems fit, for inviting applications for claiming compensation for
nuclear damage.
14. An application for compensation before the Claims Commissioner or the
Commission, as the case may be, in respect of nuclear damage may be made by—
(a) a person who has sustained injury; or
(b) the owner of the property to which damage has been caused; or
(c) the legal representatives of the deceased; or
(d) any agent duly authorised by such person or owner or legal representatives.
15. (1) Every application for compensation before the Claims Commissioner for nuclear
damage shall be made in such form, containing such particulars and accompanied by such
documents, as may be prescribed.
(2) Subject to the provisions of section 18, every application under sub-section (1)
shall be made within a period of three years from the date of knowledge of nuclear damage by
the person suffering such damage.
16. (1) On receipt of an application under sub-section (1) of section 15, the Claims
Commissioner shall, after giving notice of such application to the operator and affording an
opportunity of being heard to the parties, dispose of the application within a period of three
months from the date of such receipt and make an award accordingly.
(2) While making an award under this section, the Claims Commissioner shall not take
into consideration any benefit, reimbursement or amount received by the applicant in
pursuance of contract of insurance taken by him or for members of his family or otherwise.
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.
5 of 1908.
Adjudication
procedure and
powers of
Claims
Commissioner.
2 of 1974.
8
(3) Where an operator is likely to remove or dispose of his property with the object of
evading payment by him of the amount of the award, the Claims Commissioner may, in
accordance with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the
Code of Civil Procedure, 1908, grant a temporary injunction to restrain such act.
(4) The Claims Commissioner shall arrange to deliver copies of the award to the parties
within a period of fifteen days from the date of the award.
(5) Every award made under sub-section (1) shall be final.
17. The operator of the nuclear installation, after paying the compensation for nuclear
damage in accordance with section 6, shall have a right of recourse where—
(a) such right is expressly provided for in a contract in writing;
(b) the nuclear incident has resulted as a consequence of an act of supplier or his
employee, which includes supply of equipment or material with patent or latent defects
of sub-standard services;
(c) the nuclear incident has resulted from the act of commission or omission of
an individual done with the intent to cause nuclear damage.
18. The right to claim compensation for nuclear damage shall extinguish, if such claim
is not made within a period of—
(a) ten years, in the case of damage to property;
(b) twenty years, in the case of personal injury to any person, from the date of
occurrence of the incident notified under sub-section (1) of section 3:
Provided that where a nuclear damage is caused by a nuclear incident involving nuclear
material which, prior to such nuclear incident, had been stolen, lost, jettisoned or abandoned,
the said period of ten years shall be computed from the date of such nuclear incident, but, in
no case, it shall exceed a period of twenty years from the date of such theft, loss, jettison or
abandonment.
CHAPTER V
NUCLEAR DAMAGE CLAIMS COMMISSION
19. Where the Central Government, having regard to the injury or damage caused by
a nuclear incident, is of the opinion that it is expedient in public interest that such claims for
such damage be adjudicated by the Commission instead of a Claims Commissioner, it may, by
notification, establish Commission for the purpose of this Act.
20. (1) The Commission shall consist of a Chairperson and such other Members, not
exceeding six, as the Central Government may, by notification, appoint.
(2) The Chairperson and other Members of the Commission shall be appointed on the
recommendation of a Selection Committee consisting of three experts from amongst the
persons having at least thirty years of experience in nuclear science and a retired Supreme
Court Judge.
(3) A person shall not be qualified for appointment as the Chairperson of the
Commission unless he has attained the age of fifty-five years and is or has been or qualified
to be a Judge of a High Court:
Provided that no appointment of a sitting judge shall be made except after consultation
with the Chief Justice of India.
(4) A person shall not be qualified for appointment as a Member unless he has attained
the age of fifty-five years and—
(a) has held or is holding or qualified to hold, the post of Additional Secretary to
the Government of India or any other equivalent post in the Central Government and
Extinction of
right to claim.
Establishment
of Nuclear
Damage
Claims
Commission.
Composition
of
Commission.
Operator's
right of
recourse.
5 of 1908.
9
possesses special knowledge in law relating to nuclear liability arising out of nuclear
incident; or
(b) has been a Claims Commissioner for five years.
21. 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 upon his office and shall be eligible for
re-appointment for another term of three years:
Provided that no person shall hold office as such Chairperson or Member after he has
attained the age of sixty-seven years.
22. The salary and allowances payable to and other terms and conditions of service,
including pension, gratuity and other retirement benefits, of the Chairperson and other
Members shall be such as may be prescribed:
Provided that no salary, allowances and other terms and conditions of service of the
Chairperson or other Members shall be varied to his disadvantage after his appointment.
23. If, for reasons other than temporary absence, any vacancy occurs in the office of
the Chairperson or Member, as the case may be, the Central Government shall appoint
another person in accordance with the provisions of this Act to fill such vacancy and the
proceedings may be continued before the Commission from the stage at which it was, before
the vacancy is filled.
24. (1) The Chairperson or a Member may, by a notice in writing under his hand
addressed to the Central Government, resign his office:
Provided that the Chairperson or the Member shall, unless he is permitted by the
Central Government to relinquish his office sooner, continue to hold office until the expiry of
three months from the date of receipt of such notice or until a person duly appointed as his
successor enters upon his office or until the expiry of his term of office, whichever is earlier.
(2) The Central Government shall remove from office the Chairperson or a Member
who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially
his functions as a Member; or
(e) has so abused his position as to render his continuance in office detrimental
to the public interest:
Provided that no Member shall be removed under clause (d) or clause (e) unless he has
been given an opportunity of being heard in the matter.
25. A person who, immediately before the date of assuming office as a Chairperson or
a Member, was in service of the Government, shall be deemed to have retired from service on
the date on which he enters upon office as such, but his subsequent service as the Chairperson
or a Member shall be reckoned as continuing approved service counting for pension in
service to which he belonged.
26. If a person who, immediately before the date of assuming office as the Chairperson
or a Member was in receipt of or being eligible so to do, has opted to draw, a pension, other
than a disability or wound pension, in respect of any previous service under the Central
Government, his salary in respect of service as the Chairperson or a Member shall be reduced—
(a) by the amount of that pension; and
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.
10
(b) if he had, before assuming office, received, in lieu of a portion of the pension
due to him in respect of such previous service, the commuted value thereof, by the
amount of that portion of the pension.
27. No person shall, while holding office as a Chairperson or a Member, act as an
arbitrator in any matter.
28. On ceasing to hold office, the Chairperson or a Member shall not appear, act or
plead before the Commission.
29. The Chairperson shall have the power of superintendence in the general
administration of the Commission and exercise such powers as may be prescribed.
30. (1) The Central Government shall provide the Commission with such officers and
other employees as it may deem fit.
(2) The salary and allowances payable to and the terms and other conditions of service
of officers and other employees of the Commission shall be such as may be prescribed.
31. (1) Every application for compensation before the Commission for nuclear damage
shall be made in such form, containing such particulars and accompanied by such documents,
as may be prescribed.
(2) Subject to the provisions of section 18, every application under sub-section (1)
shall be made within a period of three years from the date of knowledge of nuclear damage by
the person suffering such damage.
32. (1) The Commission shall have original jurisdiction to adjudicate upon every
application for compensation filed before it under sub-section (1) of section 31 or transferred
to it under section 33, as the case may be.
(2) Upon transfer of cases to the Commission under section 33, the Commission shall
hear such applications from the stage at which it was before such transfer.
(3) The Chairperson may constitute benches comprising of not more than three
Members of the Commission for the purpose of hearing of claims and any decision thereon
shall be rendered by a majority of the Members hearing such claims.
(4) The Commission shall not be bound by the procedure laid down in the Code of Civil
Procedure, 1908 but shall be guided by the principles of natural justice and subject to the
other provisions of this Act and of any rules made thereunder, the Commission shall have the
power to regulate its own procedure including the places and the times at which it shall have
its sittings.
(5) The Commission shall have, for the purposes of discharging its functions under
this Act, the same powers as are vested in a civil court under the Code of Civil Procedure,
1908, while trying a suit, in respect of the following matters, namely: —
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing of commission for the examination of any witness;
(f) any other matter which may be prescribed.
(6) The Commission shall, after giving notice of application to the operator and after
affording an opportunity of being heard to the parties, dispose of such application within a
period of three months from the date of such receipt and make an award accordingly.
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.
5 of 1908.
5 of 1908.
11
(7) While making an award under this section, the Commission shall not take into
consideration any benefit, reimbursement or amount received by the applicant in pursuance
of any contract of insurance or otherwise.
(8) Where an operator is likely to remove or dispose of his property with the object of
evading payment by him of the amount of the award, the Commission may, in accordance
with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil
Procedure, 1908, grant a temporary injunction to restrain such act.
(9) The Commission shall arrange to deliver copies of the award to the parties concerned
within a period of fifteen days from the date of such award.
(10) Every award made under sub-section (6) shall be final.
33. Every application for compensation pending before the Claims Commissioner
immediately before the date of establishment of the Commission under section 19 shall stand
transferred on that date to the Commission.
34. Every proceeding before the Claims Commissioner or the Commission under this
Act shall be deemed to be judicial proceeding within the meaning of sections 193, 219 and
228 of, and for the purposes of section 196 of, the Indian Penal Code.
35. Save as otherwise provided in section 46, no civil court except the Supreme Court
and a High Court (exercising jurisdiction under articles 226 and 227 of the Constitution) shall
have jurisdiction to entertain any suit or proceedings in respect of any matter which the
Claims Commissioner or the Commission, as the case may be, is empowered to adjudicate
under this Act and no injunction shall be granted by any court or other authority in respect
of any action taken or to be taken in pursuance of any power conferred by or under this Act.
36. (1) When an award is made under sub-section (1) of section 16 or under subsection
(6) of section 32, —
(a) the insurer or any person, as the case may be, who under the contract of
insurance or financial security under section 8 is required to pay any amount in terms
of such award and to the extent of his liability under such contract, shall deposit that
amount within such time and in such manner as the Claims Commissioner or the
Commission, as the case may be, may direct; and
(b) the operator shall, subject to the maximum liability specified under subsection
(2) of section 6, deposit the remaining amount by which such award exceeds
the amount deposited under clause (a).
(2) Where any person referred to in sub-section (1) fails to deposit the amount of
award within the period specified in the award, such amount shall be recoverable from such
person as arrears of land revenue.
(3) The amount deposited under sub-section (1) shall be disbursed to such person as
may be specified in the award within a period of fifteen days from the date of such deposit.
37. The Commission shall prepare, in such form and at such time in each financial year,
as may be prescribed, an annual report giving full account of its activities during that financial
year and submit a copy thereof to the Central Government which shall cause the same to be
laid before each House of Parliament.
38. (1) Where the Central Government is satisfied that the purpose for which the
Commission established under section 19 has served its purpose, or where the number of
cases pending before such Commission is so less that it would not justify the cost of its
continued function, or where it considers necessary or expedient so to do, the Central
Government may, by notification, dissolve the Commission.
Transfer of
pending cases
t o
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.
5 of 1908.
45 of 1860.
12
(2) With effect from the date of notification of dissolution of Commission under
sub-section (1), —
(a) the proceeding, if any, pending before the Commission as on the date of such
notification shall be transferred to the Claims Commissioner to be appointed by the
Central Government under sub-section (2) of section 9;
(b) the Chairperson and all Members of the Commission shall be deemed to have
vacated their offices as such and they shall not be entitled to any compensation for
premature termination of their office;
(c) officers and other employees of the Commission shall be transferred to such
other authority or offices of the Central Government, in such manner, as may be
prescribed:
Provided that the officers and other employees so transferred, shall be entitled
to the same terms and conditions of service as would have been held by them in the
Commission:
Provided further that where an officer or an employee of the Commission refuses
to join the services in such other authority or office, he shall be deemed to have
resigned and shall not be entitled to any compensation for premature termination of
contract of service;
(d) all assets and liabilities of the Commission shall vest in the Central
Government.
(3) Notwithstanding the dissolution of the Commission under sub-section (1), anything
done or any action taken or purported to have been done or taken including any order made
or notice issued or any appointment, confirmation or declaration made or any document or
instrument executed or any direction given by the Commission before such dissolution, shall
be deemed to have been validly done or taken.
(4) Nothing in this section shall be construed to prevent the Central Government to
establish the Commission subsequent to the dissolution of the Commission in accordance
with the provisions of this Act.
CHAPTER VI
OFFENCES AND PENALTIES
39. (1) Whoever—
(a) contravenes any rule made or any direction issued under this Act; or
(b) fails to comply with the provisions of section 8; or
(c) fails to deposit the amount under section 36,
shall be punishable with imprisonment for a term which may extend to five years or with fine
or with both.
(2) Whoever fails to comply with any direction issued under section 43 or obstructs
any authority or person in the exercise of his powers under this Act shall be punishable with
imprisonment for a term which may extend to one year or with fine or with both.
40. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment under this Act, if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
Offences and
penalties.
Offences by
companies.
13
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation. — For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other association
of individuals;
(b) "director", in relation to a firm, means a partner in the firm.
41. Where an offence under this Act has been committed by any Department of the
Government, the Head of the Department shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such offence.
42. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of
the first class shall try any offence under this Act:
Provided that cognizance of such offence shall not be taken except on a complaint
made by the Central Government or any authority or officer authorised in this behalf by that
Government.
CHAPTER VII
MISCELLANEOUS
43. The Central Government may, in exercise of its powers and performance of its
functions under this Act, issue such directions, as it may deem fit, for the purposes of this
Act, to any operator, person, officer, authority or body and such operator, person, officer,
authority or body shall be bound to comply with such directions.
44. The Central Government may call for such information from an operator as it may
deem necessary.
45. The Central Government may, by notification, exempt any nuclear installation from
the application of this Act where, having regard to small quantity of nuclear material, it is of
the opinion that the risk involved is insignificant.
46. The provisions of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force, and nothing contained herein shall exempt the operator
from any proceeding which might, apart from this Act, be instituted against such operator.
47. No suit, prosecution or other legal proceedings shall lie against the Central
Government or the person, officer or authority in respect of anything done by it or him in
good faith in pursuance of this Act or of any rule or order made, or direction issued, thereunder.
48. (1) The Central Government may, by notification, make rules for carrying out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers such
rules may provide for —
(a) the other financial security and the manner thereof under sub-section (1) of
section 8;
(b) the salary and allowances payable to and the other terms and conditions of
service of Claims Commissioner under section 11;
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.
14
(c) the procedure to be followed by Claims Commissioner under sub-section (1)
of section 12;
(d) the person to be associated by Claims Commissioner and the manner thereof,
under sub-section (2) of section 12;
(e) the remuneration, fee or allowances of associated person under sub-section
(3) of section 12;
(f) any other matter under clause (f) of sub-section (4) of section 12;
(g) the form of application, the particulars it shall contain and the documents it
shall accompany, under sub-section (1) of section 15;
(h) the salary and allowances payable to and other terms and conditions of
service of Chairperson and other Members, under section 22;
(i) the powers of Chairperson under section 29;
(j) the salary and allowances payable to and the terms and other conditions of
service of officers and other employees of the Commission, under sub-section (2) of
section 30;
(k) the form of application, the particulars it shall contain and the documents it
shall accompany, under sub-section (1) of section 31;
(l) any other matter under clause (f) of sub-section (5) of section 32;
(m) the form and the time for preparing annual report by Commission under
section 37;
(n) the manner of transfer of officers and other employees of the Commission
under clause (c) of sub-section (2) of section 38.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or
successive sessions aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
49. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years
from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
Power to
remove
difficulties.
LOK SABHA
————
A
BILL
to provide for civil liability for nuclear damage, appointment of Claims Commissioner,
establishment of Nuclear Damage Claims Commission and for matters
connected therewith or incidental thereto.
—————
(As passed by Lok Sabha)
GMGIPMRND—4267LS(S3)—25-08-2010.
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