THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010

ACT NO. 38 OF 2010 · Enacted [21st September, 2010.] · 49 sections

PRELIMINARY

Section 1.Short title, extent, application and commencement.

Section 2.Definitions.

LIABILITY FOR NUCLEAR DAMAGE

Section 3.Atomic Energy Regulatory Board to notify nuclear incident.

Section 4.Liability of operator.

Section 5.Operator not liable in certain circumstances.

Section 6.Limits of liability.

Section 7.Liability of Central Government.

Section 8.Operator to maintain insurance or financial securities.

CLAIMS COMMISSIONER

Section 9.Compensation for nuclear damage and its adjudication.

Section 10.Qualifications for appointment as Claims Commissioner.

Section 11.Salary, allowances and other terms and conditions of service of Claims Commissioner.

Section 12.Adjudication procedure and powers of Claims Commissioner.

CLAIMS AND AWARDS

Section 13.Inviting application for claims by Claims Commissioner.

Section 14.Person entitled to make application for nuclear damage.

Section 15.Procedure for making application before Claims Commissioner.

Section 16.Award by Claims Commissioner.

Section 17.Operator's right of recourse.

Section 18.Extinction of right to claim.

NUCLEAR DAMAGE CLAIMS COMMISSION

Section 19.Establishment of Nuclear Damage Claims Commission.

Section 20.Composition of Commission.

Section 21.Term of office.

Section 22.Salary, allowances and other terms and conditions of service of Chairperson and Members.

Section 23.Filling up of vacancies.

Section 24.Resignation and removal.

Section 25.Chairperson or Member deemed to retire from service.

Section 26.Suspension of pension.

Section 27.Prohibition of acting as arbitrator.

Section 28.Prohibition of practice.

Section 29.Powers of Chairperson.

Section 30.Officers and other employees of Commission.

Section 31.Application for compensation before Commission.

Section 32.Adjudication procedure and powers of Commission.

Section 33.Transfer of pending cases to Commission.

Section 34.Proceedings before Claims Commissioner or Commission to be judicial proceedings.

Section 35.Exclusion of jurisdiction of civil courts.

Section 36.Enforcement of awards.

Section 37.Annual report.

Section 38.Dissolution of Commission in certain circumstances.

OFFENCES AND PENALTIES

Section 39.Offences and penalties.

Section 40.Offences by companies.

Section 41.Offences by Government Departments.

Section 42.Cognizance of offences.

MISCELLANEOUS

Section 43.Power to give directions.

Section 44.Power to call for information.

Section 45.Exemption from application of this Act.

Section 46.Act to be in addition to any other law.

Section 47.Protection of action taken in good faith.

Section 48.Power to make rules.

Section 49.Power to remove difficulties.