the civil liability of nuclear damage act,2010

8/11/2019 The Civil Liability of Nuclear Damage Act,2010

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EXTRAORDINARY IWT11- ~ 1

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PUBLISHED BY AUTIIORITY

~o 47] ~~, ~qcm, ~ 22, 2010 / I T S 31, 1932No. 47J NEW DELHI, WEDNESDAY, SEPTEMBER 22, 2010 / BHADRA 31,1932

~ IWT f f\R 1 f iO ~ e n ~ t~ fq ;- ~ 3lWT ~ ~ ~ if T ~ ~ ISeparate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE Legislative Department

New Delhi , the 22nd September , 201 O/Bhadra 31, 1932 Saka

The following Act of Parliament received the assent of the President on the21 st September , 20 I 0 , and is hereby published for general information :-

THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT , 2010

No. 38 OF 2010[21st Sept ember , 2010 .]

An Act to provid e for ci villiabilit y for nuclear damage and prompt compensationto the victims of a nuclear incident through a no-fault liability regimechanneling liability to the operator, appointment of Claims Commissioner,establishment of Nuclear Damage Claims Commission and for mattersconnected therewith or incidental thereto .

BE it enacted by Parliament in the Sixty-first Year of the Republic ofIndia as follows :-CHAP TER I

PR E LIM INARY

1. (I) ThisAct may be called the Civil Liability for Nuclear Damage Act, 2010.

(2) It extends to the whole ofIndia .

(3) It also appli es to nuclear dam age suffered -

a in or ov er the marit ime areas beyond the territorial waters of India ;

S ho rt title,extent,app licationandcommenc ement.


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Def initio ns.

2 THE GAZ ETTE OF INDIA EXTRAORDINARY [PART II-

b in or over the exclusive economi c zone ofIndi a as ref erred to in section 7 ofthe Territ orial Waters, Continental Sh elf, Ex clusive E conomic Zone and Other MaritimeZones Act, 1976; 80 of 1976.

c on board or by a ship regi stered in India under section 22 of the Mer chantShipp ing Act , 1958 or und er any other law for the time being in force ; 44 of 1958 .

d on board or by an aircraft re gistered inIndia under clause d of sub-s ection (2 )of sect ion 5 of the Aircraft Act, 1934 or und er any other law for the time b eing in force ; 22 of 1934.

e on or by an artificial island , installation or structure under thejurisdiction ofInd ia.

(4) It appli es only to the nuclear installation owned or controll ed by the Centr alGove rnment either by itself or through any authority or corporat ion establi shed by it or aGove rnment comp any.

Explan ation.-For the purposes of this sub-section , Gove rnment compan y sha llhave the s ame meaning as as signed to it in clause b b of sub-section (/) of section 2 o f theAtomic Energy Act , 1962 . 33 of 1962

(5) It s hall come into force on such date as the Central Government may , by notific ation,appoint; and different dates may be appointed for di fferent provisions of thi s Act , and any

reference in an y such provision to the commencement of this Act shal l be con strued a s areference to the comin g into forc e of that provision .

2. In this Act, unless the context otherwise requires ,-

a Chairperson means the Chairperson of the Commission appointed undersub-se ction (/) of section 20;

b Claims Commiss ioner means the Claims Commissioner appointed und ersub-section ( 2) of section 9 ;

c Commission me ans the Nuclear Damage Claims Commission establi shedunder section 19 ;

d envi ronm ent shall have the same me aning as assi gned to it in cl ause a ofsection 2 of th e Environment (Protection) Act , 1986 ; 29 of 1986 .

e Member means a Member of the Commission appointed undersub- section 1 of section 20 ;

(j) notification means a notification published in the Official Gazette and theterm noti fy shall be construed accordingly ;

g nuclear damage means-

i loss of life or personal injury (including immediate and long t erm h ealthimp act) to a person ; or

ii loss of , or damage to, property,

caused b y or arising out ofa nu clear incident , and includes each of the following to theextent n otified by th e Centr al Government;

iii any economic loss, arising from the loss or damage referred to in

sub-c lause s i or ii and not included in the claims made under thosesub -clause s, if incurred by a person entitled to claim such loss or damage ;

(iv) costs of measures of reinst atemen t of impaired environm ent causedby a nucl ear incident, unless such impairment is insignif icant, if such measure sare actu ally taken or to be taken and not included in the claims made undersub-clause i i ;

v loss of income der ived from an econom ic interest in an y use orenjoyme nt of the en vironm ent, incurred as a result of a si gnificant imp airment ofthat environment c aused by a nuclear incident , and not in cluded in th e claimsunder sub- clause ii ;

vi the co sts of pr event ive measures, and further lo ss or dam age causedby suc h measures;


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S EC. 1] TH E GAZETTE OF INDIA EXTRAORDIN ARY 3

33 of 1962 .

vii any other economic loss, other than the one caused by impairment of theenvir onment referred to in sub-clause s iv and ( v), in so far as it is permi tted by thegene ral law on civil liability in force in India and not claimed under any such l aw,

in the case of sub-clau ses i to v and vii above, to the extent the loss or damagearis es out of, or result s from , ionizing radiation emitted by any source of rad iation

inside a nucle ar installation , or emitted f rom nuclear fuel or radioactive product s orwaste in, or o f, nu clear mater ial comi ng from, or iginating in, or sent to , a nuclearinstallation, wh ether so arisi ng from the radioactive properties of such mat ter, orfrom a combination o f radioactiv e properti es with toxic, explosive or other haz ardousproperties of such matter ;

h nuclear fuel means any material which is capable of p roducing energyby a s elf-sustaining chain process of nuclear fission;

i nucl ear incident means any occurrence or series of occurrences h avingthe same or igin wh ich causes nuclear damage or, but only with respect to preve ntivemeasure s, creates a grave and imminent threat of causing such d amage ;

j nuclear in stallation means -

A any nu clear r eactor other than one with which a means o f transp ortis equipped for use as a source of power , whether for propulsion thereof or forany other purpose ;

B any facility using nuclear fuel for the production of nuclear m ater ial,or any facilit y for the processing of nuclear material, including re-processingof irr adiated nu clear fuel; and

(C) any fac ility where nuclear material is stored (other than storageincident al to the carriage of such material).

Ex planation .-For the purpose of this clause , several nuclear installations o fone operator which are located at the same site shall be considered as a singl enuclear installation ;

k nuclear material means and includes-

i nuclear fuel (other than natural uranium or depleted uran ium) c apableof producing energy by a self-sustaining chain process of nuclear f issionoutside a nuclear reactor, either by itself or in combination with some othermaterial; and

ii radio active products or waste;

l nuclear reactor means any structure containing nuclear fuel in such anarrangement that a self-sustaining chain process of nuclear fission can occur thereinwithout an additional source of neutrons;

m operator , in relation to a nuclear installation, means the CentralGovernment or any authority or corporation established by it or a Governmentcompany who has been granted a licence pursuant to the Atomic Energy Act , 1962for the operation of that installation ;

n prescribed means presc ribed by rules made under this Act;

0 preventive measures m eans any reasonable measures taken by a per sonafter a nuclear incident has occurred to prevent or minimise damage referred to insub-clauses ( i) to v and vii of clause g , subject to the approval of the Centr alGovernment ;

P radioactive produ cts or waste means any radioactive mater ial producedin, or any m aterial made rad ioactive by expo sure to, the radiation incidental to th eproduction o r utilisation of nuclear fuel, bu t does not include radioisotopes whi chhave reached the final s tage of fabrication so as to be usable for any scient ific,medical, agricu ltural , commerc ial or industrial purpose;


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Ato m ic Ene rgyRegulatoryBoa rd to n o tifynuclea rincident.

Liabil ity ofoperat or.

4 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII -

33 of 1962

q Special Drawing Rights means Special Drawing Rights as determined b ythe International Monetar y Fund .

CHAPTER 1I

LIABI LITY FOR NUCLEAR DAMAGE

3. 1 The Atomic Energy Regulatory Board constituted under the Atomi c EnergyAct, 1962 shall , within a period of fifteen days from the date of occurrence of a nu clearincident , notify such nuclear incident:

Provided that where the A tomic Energy Regulatory Board is sat isfied that the gravityof threat and risk involved in a nuclear incident is insignificant , it shall not be required tonoti fy such nuclear incident .

(2) The Atomic Energy Regulatory Board shall , immediately after the notificationund er sub-section 1 is issued , cause wide publicity to be given to the occurrence of suchnuclear in cident, in such manner as it may deem fit .

4. 1 The operator of the nuclear instal lat ion shal l be l iable for nuclear dama ge causedby a nuclear incident -

a in that nuclear installation ; or

b involving nuclear material coming from, or orig inat ing in , that nuclearinsta llation and occurring before -

(i) the liabilit y for nuclear incident involving such nuclear materia l hasbeen assumed, pursuant to a written agreement, by another operator; or

ii another operator has taken charge of such nuclear material; or

i ii the person duly authorised to operate a nuclear reactor has takencharge of the nu clear material intended to be used in that reactor with wh ich

means of transport is equipped for use as a source of power , whether forpropul sion thereof or for any other purpose; or

(iv) such nuclear material has been unloaded from the means of transportby which it was sen t to a person within the territory of a forei gn State ; or

c involving nuclear material sent to that nuclear installation and o ccurrin gafter -

i the liabili ty for nuclear incident involving such nuclear materi al hasbeen transferred to that operator , pursuant to a written agreement , by the operatorof another nuclear installation ; or

(ii) that operator has taken charge o f such nucl ear materi al; or

iii that operator has taken charge of such nuclear material from a personoperating a nuclear reactor with which a m eans of transport is equipped for useas a source of power , whether for propulsion thereof or for any other purpose ; or

iv such nuclear material has been loaded, with the wr itten consent ofthat operator , on the means of transport by which it is to be carried from theterritor y of a foreign State.

(2) Where more than one operator is liabl e for nuclear damage, the liabil ity of theope rato rs so invol ved shal l, in so far as th e damage attributable to e ach operator is notseparable, be joint and several:

Provid ed that the total liab ility of such operators shall not exceed th e ex tent of liab ilityspecified under sub-se ction (2) of s ection 6.


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S EC . 1] THE GAZETTE OF INDIA EXTRAORDINARY

(3) Where several nuclear installations of one and the same operator are involved in anuclear incident , such operator shall , in respect of each such nuclear installation , be liabl e tothe extent of liabil ity specified u nder sub-section ( 2) of section 6.

(4) T he liab ility of the operator of the nuclear in stallat ion shall be stric t and shall bebased on th e prin ciple of no -fault liability .

Ex pl a nation .- For the purposes of this section, - a where nuclear damage is caused by a nuclear incident occurring in a nuclear

ins tal lation on account of temporary storage of materi al- in-transit in such instal lation,the person responsibl e for transit o f such mat erial shall be deemed to be the operator ;

b where a nuclea r damage is caus ed as a result of nuclear inciden t during th etransportation of nuclear material , the consignor shall be deemed to be th e operator ;

c where any wri tten agreement has been entered into between the consignorand the cons ignee or , as the case m ay be, the consignor and the carrier of nuclearmate rial, th e person l iable for any nuclear damage under such a greement shall b edee med to be the oper ator ;

d where both nuclear dam age and damag e othe r than nu clear dama ge havebeen c aused by a nuclea r incid ent or, jointly by a nuc lear inciden t and on e or moreother occu rrences , such other damage shall , to the extent it is not separable from th enuc lear damage , be deemed to be a nuclear damage caused by such nuclear incident .

5. (1 ) An op erator shall not be liable for any nuclear damage where such damage iscau sed by a nuclear incident directly due to -

i a grave natural disaster of an exceptional character ; or

ii an ac t of armed conf lict , host ility , civil war , insurrection or terrorism .

(2) An opera tor shall not be liabl e for any nuclear dama ge caused to -

(i) the nu clear installation itself and any other nu clear installation including a nuclearinstal lation und er con struction, on the site where such inst allation is located ; and

i i to an y property on the same sit e which is u sed or to be used in connectionwith any such installa tion ; or

.,: i i i to the me ans of transport upon which the nuclear material mvolved was

carried at the tim e of n uclear incid ent:Prov ided 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 ofany other claim for damage und er any other law for the time being in force .

(3) Wh ere any nuclear damage is suffered by a person on accoun t of his own n egligenceor from hi s own a cts of commis sion or omission, the operator shall not be liabl e to suchperson.

6. (1) The maximum amount ofl i ability in respect of each nuclear in cident shall be th erup ee equi valent o fthree hundred million Special Drawing Rights or such higher amount asthe Central Government may specify by notification :

Provided tha t the Central Governm ent may take additional measures , where necessary ,if the compensation to be awarded under th is Act exceeds the amount specified under thissub-section.

(2) The l iabil ity of an op erator for ea ch nuclear incident shall be -

a in resp ect of nu clear reacto rs having thermal power equal to or above tenMW , rupees one thousand five hundr ed crores;

b in respe ct of spent fuel repr oce ssing plants , rupees three hundred crore s;

c in respect o fthe research r eactors having therm al power below ten MW , fuelcycle facilities other than spent fuel repro cessi ng plants and transportation of nu clearmaterials , rup ees one hundred c rores:

Provided that t he Central Gove rnment ma y review the amount of operator s liabilityfrom ti me to time and specify, by no tification, a high er amount under this sub-sect ion:

Provided further that the amount of liability shall not include any interest or cost o fproce edings .

5

Operator notliable incertaincirc umsta nces .

Limits ofliab ility.


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Liability ufCentra lGovernment.

Operator tomaintaininsurance orfinancialsecurities.

Com pensationfor nucleardamage anditsadj ud ication.

Qualifications

forappointmentas ClaimsCom missioner.

Salary,allowancesand otherterms andconditions ofservice ofClaimsCommissioner.

6 THE GAZETT E OF INDIA EXTRAORDINARY (P ARTII-

7. t 1 The Ce ntral Government shall be liable for nuclear damag e inrespect of a nuclearincident ,-

a where th e liabi lity exceeds the amount of liability of an operator sp ecified

under sub -secti on (2) of section 6 , to the extent such liabi lit y exceeds such liabilit y ofthe operator ;

b occurring in a nuclear instal lation owned by it; and

c occurring on account of causes specified in clauses i and ii ofsub -section (1) of section 5 :

Provided that the Central Government may , by notification, assume full liabilit y for anuclear installation not operated by it if it is of the opinion that it is necessary in publicinterest .

(2) For th e purpos e of m eeting part of it s liability under clause a or clause c ofsub-se ction (1), the Central Government may establish a fund to be called the NuclearLiabil ity Fund b y char ging such amount oflevy from the operators, in such manner , as ma y

be pre scribed.

8. 1 The operator shall , before he begins operation of his nu clear ins tallation , tak eout insurance po licy or such oth er financial securi ty or combination of both , coverin g hisliability under sub-section ( 2) of section 6 , in such manner as may b e pres cribed.

(2) The operator shall from time to time renew the insurance policy or other financialsecurit y referred to in sub-section 1 , before the expiry of the period of valid ity thereof .

3 The provisions of sub-sections 1 and 2 shall not apply to a nuclear installationowned by the Central Government .

Expl a nati o n .-For the purposes ofthis section, financial security means a contractof ind emnit y or guarante e, or shares or bonds or such instrument as ma y be prescribed orany combination ther eof.

,

CHAPTER r r r

CLAIMS COMM ISSION ER

9. I Whoever suffers nuclear damage shall be entitled to claim compensation inaccordanc e with the provisions of this Act.

(2) For th e purposes of adjudicating upon claims for compensation in respe ct ofnuclear damage , the Central Government shall , by not ificat ion, appoint one or more ClaimsCommi ssioners for such area , as may be specified in that notification .

1 A person shall not be qualified for appointment as a Claims Commissioner unlesshe-

a is, or has been , a District Judge ; or

b in the serv ice of the Central Government and has held the post not below therank of Additional Secretary to the Government of India or any other equivalent postin the Central Government .

11 The sal ary and allowances p ayable to and oth er terms and condition s of servi ce ofClai ms Commis sioner shall be such as may be pres cribed .


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5 of 190 8.

2 of 1974.

S EC. I] THE GAZETTE OF INDIA EXTRAORDINARY 7

Adjudicationprocedure andpowers orClaimsCommissioner.

Invitingapplicationf or c la ims byClaimsCommissioner.

Pe rsonentitled tomakeapplicationfor nucleardamage.

P rocedu re formakingapplicationbefore ClaimsCommissioner.

Award byClaim>Commissione r.

12. / For the purposes of adjudication of claims under this Act, the ClaimsCommi ssioner shall follow such procedure as may be prescribed .

(2) For the purpose of holding inquiry, the Claims Commissioner may associate withhim such persons having exper tise in the nuclear field or such other persons and in suchmanner as may be prescrib ed.

(3) Where any person is associated under sub-section (2) , he shall b e paid suchremuneration , fee or allowance , as may be prescribed .

(4) The Claims Commissioner shall, for the purposes of discharging his functionsunder this Act, have the same powers as are vested in a civil court under the Code of CivilProcedure, 1908, while trying a suit, in respect of the following matters , namely: -

a summoning and enforcing the attendance of any person and examining himon oath;

b the discovery and production of documents ;

c receiving evidence on affidavits;

d requisitioning any public record or copies thereoffrom any court or offic e; e issuing of commission for the examination of any witness ;

(j) any other matter which may be prescribed.

(5) The Claims Commissioner shall be deemed to be a civil court for the purposes ofsection 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 .

CHAPTERN

CLAIMS AND AW ARDS

3 After the notif ication of nuclear incident under sub-section 1 of section 3 , theClaims Commissioner, having jurisdiction over the area, shall cause wide publicity to begiven , in such manner as he deems fit, for inviting app lications for claiming compensation for

nuclear damage.

4 An application for compensation before the Claims Commissioner or theCommission , 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

G:) 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 suchdocuments , as may be prescribed.

(2) Subject to the provisions of secti on 18, every application under sub-section (1)shall be made within a period ofthree years from the date of knowledge of nuclear damage bythe person suffering such damage .

6 (1) On receipt of an application under sub-section (1) of section 15 , the ClaimsCommissioner shall , after giving notice of such application to the operator and affording anopportunity of being heard to the parties , dispose of the application within a period of threemonths from the date of such receipt and make an award accordingly.

(2) While maki ng an award und er this section , the Claims Commissioner shall not takeinto consideration an y 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.


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Operator sright ofrecour se,

Extincti on ofright t o claim,

Establishmentof N uclearDamageClaimsCommission .

CompositionofCommi ssion,

8 THE GAZETTE OF INDIA EXTRAORDINARY [PAR TII-

(3) Where an operator is likely to remove or dispose of his property with the object ofevading payment by him of the amount of the award, the Claims Commissioner may, inaccordance with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to theCode of Civil Procedure , 1908 , grant a temporary injunction to restrain such act . 5 of 1908 .

(4) The Claims Commissioner shall arrange to deliver copies of the award to the partieswithin a period of fifteen days from the date of the award.

(5) Every award made under sub-sect ion (1) shall be final .

17. The operator ofthe nuclear installation, after paying the compensation for nucleardamage in accordance with section 6 , shal l have a right of recourse where-

a such right is expressly provided for in a contract in writ ing;

b the nuclear incident has resulted as a consequence of an act of supplier or hisemployee , wh ich includes supply of equipment or materia l with patent or latent defec tsor sub-standard services ;

c the nu clear incident has resulted from the act of commission or omission o fan individual done with the intent to cause nuclear damage.

18. The r ight to cla im compensation for nuclear dama ge shall ext inguish , if such claimis 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 iscaused by a nuclear incident involving nu clearmaterial which, prior to such nuclear incident, had been stolen, lost, jettisoned or abandoned,

.the said period often years shall be computed from the date of such nuclear incident , but , inno case, it shall exceed a period of twenty years from the date of such thef t, loss , jettison or

abandonment .

CHAPTER V

NUCLEAR DAMAG E CLAIMS COMMI SSIO N

19. Where the Central Government , having regard to the injury or damage caused bya nu clear incident , is of th e opinion that it is expedient in public interest that such claims forsuch damage be adjud icated by the Commission instead ofa Claims Commissioner, it may, bynotification , establish a Commission for the purpose of this Act .

20. ) The Commission shall consist of a Chairperson and such other Memb ers, notexceeding six , as the Central Government may , by notification , appoint .

(2) The Chairperson and other Members ofthe Commission shall be appointed on the

recommendation of a Selection Committee consisting of three experts from amongst thepersons having at least thirty years of experience in nuclear science and a retiredSupreme Court Judge .

(3) A person shall not be qualified for appointment as the Chairperson of theCommission unless he has attained the age of fifty-five years and is or has been or qualifiedto be a Judge ofa High Court :

Provided that no appointment of a sitt ing judge shall be made e xcept after consul tatio nwith the ChiefJust ice o f Indi a,

(4) A per son shall not be qualified for appointment as a Member unless he ha s atta inedthe ag e of f ifty-five years and -

a has held or is holding or qualified to hold , the post ofAdditional Secretar y tothe Government ofIndia or any other equivalent post in the Central Government a nd


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SE C. I] THE GAZETTE OF INDIA EXTRAORDINARY 9

possesses special knowledge in law relating to nu clear liabilit y arising out of nuclearincid ent; 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 Te rm ofterm of three years from the date on which he enters upon his office and shall be eli gible for off ice.re-appointment for anoth er term of three years:

Provided that no p erson shall h old office as such Ch airperson or Member after h e hasattai ned the age of s ixty-sev en years.

22. The salar y and allowances p ayabl e to and other terms and conditions of service ,includ ing pension , gratuity and other retirement benefits , of the Chairper son and otherMembers shall be such as ma y be prescribed :

Provided that no salary , allowances and other terms and conditions of servic e of theChairperson or other M embers shall be var ied to his disadvantage after his appointment .

23. If , for reasons oth er than temporary absence , any vacanc y occurs in th e office o f

the C hairpe rson or M ember , as the case may be , the Central Gov ernment shall appo intanoth er person in accordance with the provisions of this Act to fill such vacan cy and th eproceedings may be continued before the Commission from the st age at which it was, beforethe v acancy is filled.

24. (1) The Chairperson or a Member may, by a notice in writing under hi s handaddr essed to the Central Government , resign his office:

Provid ed that th e Chairperson or the Member shall , unless he is permitted b y theCent ral Gove rnm ent to relinquish his office sooner , continue to hold offic e until the expiry ofthree months from th e date of receipt of such notice or until a person duly appo inted as hissuccesso r enters upon his o ffice or until th e expiry of his term of office , whichever i s earli er.

(2) T he Central Government shall remove from office the Chairperson or a Memb er

who- a has be en adjudged an insolvent; or

b has been convicted of an offence which , in the opinion of the Centr alGov ernment , involves moral turpitude ; or

c has becom e phys ically or mentally incapable of a cting as a Member ; or

d has acquir ed such financi al or other int erest as is likely to affect prejud iciallyhis func tions as a Member ; or

e has so abused his position as to render his continuance in office detr imentalto the public interest:

Provided that no Member shall be removed under clause d or clause e unless he hasbeen given an opportunity of being heard in the matter .

25. A p erson who, immediately before the date of assuming office as a Chairperson ora Member, was in service of the Government , shall be deemed to have retired from service onthe date on which h e enters upon office as such, but his subsequent service as the Chairp ersonor a Member shall be r eckoned as continuin g approved service countin g for pension inservice to which he belonged.

26. I fa per son who , immediatel y before the d ate of assuming o ffice as the Chairpersonor a Membe r was in r ece ipt of or bein g eligible so to do , has opted to draw , a pension , otherthan a di sability or w ound pension , in respect of any previous service under the CentralGovernment , his salary in respect of service as the Chairperson or a Member shall be reduced -

a by the amount of that pension ; and

Sala ry,allowan cesand oth erterm s andconditi ons ofserv ice ofChairpersonand Me mbers .

Fill ing up of

vacancies .

Resig nationand r emoval.

Chairp ersonor Memberdeeme d toretire fromservice .

Suspensio n ofpen sion.


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Proh i bition of

acting asarbitrator .

Prohibition ofpractice .

Powers ofChairpers on.

Offic ers andotheremployees ofCommission .

Application

forcompen sationbeforeCommi ssion .

Adjudicationprocedure andpowers ofCommission .

10 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-

b ifhe had, before assuming of fice, received, in lieu ofa portion of the pensiondue to him in respect of such previous service, the commuted value thereof , by theamount of that portion of the pension .

27. No person shall, while holding office as a Chairperson or a Member , act as anarbitrator in any matter.

28. On ceasing to hold office, the Chairperson or a Member shall not appear, act orplead before the Commission .

29. The Chairperson shall have the power of superintendence in the generaladministration ofthe Commission and exercise such powers as may be prescribed .

30. 1 The Central Government shall provide the Commission with such off icers andother employees as it may deem fit .

(2) The salary and allowances payable to and the terms and other conditions of serviceof off icers 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 1shall be made within a period of three years from the date of knowledge of nuclear damage bythe person suffer ing such damage .

32. (1) The Commission shall have original jurisdiction to adjudicate upon everyapplication for compensation filed before it under sub-section (1) of section 31 or transferredto it under section 33 , as the case may be.

(2) Upon transfer of cases to the Commission under section 33, the Commission shallhear such applications from the stage at which it was before such transfer .

(3) The Chairperson may constitute benches comprising of not more than threeMembers of the Commission for the purpose of hearing of claims and any decision thereonshall 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 Civi lProcedure, 1908 but shall be guided by the principles of natural justice and subject to the 5 of 19 08.other provisions of this Act and of any rules made thereunder, the Commission shall have thepower to regulate its own procedure including the places and the times at which it shall haveits sittings .

(5) The Commission shall have, for the purposes of discharging its functions underthis Act , the same powers as are vested in a civil court under the Code of Civil Procedure ,1908, while trying a suit, in respect ofthe following matters , namely:- 5 of 1908 .

a summoning and enforcing the attendance of any person and examining himon 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 C ommission shall, af ter giving notice of application to the operator and afteraffording an opportunity of being heard to the parties, dispose of such app lication within aperiod of three months from the date of such receipt and make an award accordingly .


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S EC . 1] THE GAZETTE OF INTIlA EXTRAORDINARY

5 of 1908.

(7) Whil e making an award und er this sec tion , the Commission shall not tak e intoconsideration any ben efit, reimbur sement or amount recei ved by th e app licant in pursuanceof any co ntract o f insur ance or otherwise.

(8) Wh ere an opera tor is likely to remov e or disp ose of hi s property with th e object ofevadi ng payment by him of the amount o f the awa rd, the Commission may , in ac cordancewith the pro visions o f rule s 1 to 4 o f Order XXX IX of the First Schedul e to the Code of CivilProce dur e, 1908, grant a temporar y injunction to restrain such act .

(9) The Commission shall arran ge to deliver copies ofthe award to the parti es con cernedwithin a period of fift een da ys from th e date of such aw ard.

10 Every award mad e under sub-section ( 6) shall be fina l.

33. Every applic ation for compensat ion pending before the Claims Commissionerimmediately b efore the date of establishment o fthe Commission under section 19 shall st andtrans ferred on that date to the Commission .

34. Every pro ceeding before th e Claims Commis sioner or the Commis sion und er thisAct shall b e deem ed to be jud icial proce eding w ithin th e meaning of section s 193, 2 19 and228 of, and for th e purpos es of section 196 of, the Indian Penal Code.5 of 186 0.

35. Save as otherwi se prov ided in section 46 , no civil court ( except th e Suprem e Cou rtand a High Cour t exercising jurisdict ion und er articles 2 26 and 227 of the Constitution ) shallhave jurisdiction to entertain an y suit or proceed ings in respect of any matter which th eClaims Commissi oner or th e Commission , as the case ma y be, is empowered to adjudicat eund er thi s Act and no injunction shall be gran ted by any court or other authority in respectof any a ction t aken 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 sub-section (6) of section 32

a the insur er or any p erson , as the ca se may be , who under the contract ofinsurance or financia l security under sect ion 8 is required to pay any amount in termsof such award and to the extent of his liability under such contract , shall depo sit thatamoun t within such time and in such manne r as the Claims Commissioner or theComm ission, as the case may b e, may d irect; and

b the operator shall , subj ect to th e max imum liability specifi ed und er sub-section (2) of section 6, d eposit the rem aining amount b y which such aw ard exceed sthe amoun t depo sited under clause a .

(2) Where an y person r eferred to in sub-section 1 fails to deposit the amount ofaward within the period specified in the award , such amount shall b e recoverable from suchperson as arrear s of land rev enue .

(3) The amount deposited under sub-section 1 shall be disbursed to such person a smay be sp ecified in the award within a peri od of fifteen days from the date of such deposit .

37. Th e Commission shall prepare , in such form and at such tim e in each financi al year ,as may be prescribed, an annu al report givi ng full account of its activit ies during that financi alyear and submit a copy the reof to the C entral Government which shall cause the same to b elaid before each House o f Parliament .

38. 1 Where th e Central Government is satisfied that the purpose for which th eComm ission est ablished under section 19 ha s se rved its purpose, or where the number ofcases pe nding b efore such Commi ssion is so l ess that it would not justify the co st of i tscontin ued function , or where it considers nece ssary or expedient so to do , the C entralGovernment may , by notificati on, dissolve the C omm ission .

11

Tra nsfer ofpending casestoCommiss ion.

Proce edin gsbe fore ClaimsCommissioner

orCommissionto be judicia lproc eedings.

Exclusion ofjuri sdiction ofcivil courts.

Enforcementof awards. -

Ann ualreport.

Dissolution ofCommissionin certaincircumstances.


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Offences andpenalties.

Offences bycompani es.

THE GAZETTE OF INDIA EXTRAORDINARY [PAR TII -

(2) With e ffect from the date of noti fication of dissolution of Commission undersub-section 1 , -

zz the proceeding , if any , pending before the Commission as on the date of suchnotification shall be transferred to the Claims Commissioner to be appointed by the

Central Government under sub-section 2 of section 9 ;

Cb the Chairperson and all Members of the Commission shall be deemed to havevacated their offices as such and they shal l not be entitled to any compensation forpremature termination of their office;

Cc officers and other employees of the Commission shall be transferred to suchother authority or offices of the Central Government, in such manner, as may beprescribed :

Provided that the officers and other employees so transferred, shall be entit ledto the same terms and conditions of service as would have been held by them in theCommission:

Provided furth er that wher e an officer or an employee of the Commission refusesto join th e services in such other authorit y or office , he shall be d eemed to h averesi gned and shall n ot be entit led to any compens ation for premature t ermin ation o fcontr act of servic e;

d all assets and li abilities of the Commission shall ve st in the CentralGove rnment.

3 Notwithstanding the dissolution of the Commission under sub-section 1 , anythingdon e or any action taken or purported to have been done or taken in cluding any order mad eor notice issued or any appointment , confirmation or declaration made or any document orinstrum ent executed or any direction given by the Commission before such dissolution , shallbe deemed to h ave been validly done or taken .

(4) Nothing in th is sect ion shall be construed to prevent the Central Government to

establish the Commission subsequent to the dissolution of the Commission in accordancewith the provisions of thi s Act .

CHAPT ERVlOFFEN CES A ND PENALT IES

39. / Wh oever -

c contr avenes any rule made or any direction issued under thi s Act ; or

b fails to comply with the provisions of section 8 ; or

c fails to d eposit the amount under section 36,

shall be puni shable with imprisonment for a term which may extend to five years or with fineor w ith both .

2 Who ever fail s to comply with any direction issued under s ection 43 or obstructsany authorit y or pers on in the e xerci se of his powers under this Act shall be punishab le withimpri sonment for a term which may extend to one year or with fine or with both .

40. I Wh ere an offence under this Act has been committed by a comp any, everyperson wh o at the tim e the offence was committed , was directly in charge of , and wasresponsibl e to, the compan y for the c ondu ct of the business of the company , as well a s thecomp any, s hall be de emed to be guilty of th e off ence and shall b e liable to be pro ceededagainst and puni shed accordin gly:

Pro vided that nothing contained in thi s sub- section shall render any such personliable to an y punishment under this Act , if he proves that the offence was committed withouthis knowl edge or that h e ex ercised all due diligence to prevent the c ommission of su choffence.


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SEC. I] THE GAZEITE OF INDIA EXTRAORDINARY

(2) Notwithstanding an ything contained in sub-section (1) , where any offence underthis Ac t has been committed b y a company and it i s proved that th e offence has beencommit ted with the consent or conn ivance of, or is attributable to any n eglect on the part of ,any dir ecto r, manager, secretar y or other officer of the company , such directo r, manager,secretary or other officer shall also b e deemed to be guilty of that offence and shall be li ableto b e proceeded ag ainst and punished ac cordin gly.

Explanation . - For the purpose s of thi s section ,-

a compan y means any body corporat e and in clude s a firm or other associati onof individual s;

b director , in relation to a firm, means a partner in the firm.

41 Wh ere an o ffence under this Act has been committed by any Department of theGove rnment , the Head of the Department shall be deemed to be guilty of the offenc e andshall be liable to be proceeded against and punished accordingly :

Provided that nothing cont ained in this section shall r ender su ch Head of theDepartment liable to any pun ishmen t if he prov es that the offence was committ ed without hi s

knowledge or th at he exer cised all due dili gence to prevent th e commissi on of such o ffence .

3

Offence s byGovern mentDepartments.

42. No court inferi or to that of a Metropolitan Magistrat e or a Judici al Magistrat e of Cognizancethe f irst class shall tr y any offence under this Act : of off ence s.

Provid ed that cognizance of such offence shall not be taken except on a complaintmad e by the Central Government or any authority or officer authorised in this behalf by thatGov ernment .

CHAPTERVll

MIS CELLA NEOUS

43. The Cen tral Government may, in exercise of its powers and perform ance of itsfunctions und er this Act , issue such directions, as it may deem fit , for the purposes of thisAct, to any op erator , person , officer , authority or body and such operator , person , officer,authorit y or bod y shall be bound to comply with such directions .

44. The Ce ntral Gov ernm ent m ay call for such information from an operator a s it maydeem nece ssary.

45. The Central Government may, b y notifi cation, exempt any nu clear installation fromthe appli cation of this Act whe re, having regard to small quantity of nu clear material , it is ofthe opinion that the risk involved is insignif icant .

46. The provisions of this Act shall be in addition to , and not in derogation o f, anyother law for the time b eing in force, and nothing contained herein shall exempt the operatorfrom any pro ceeding which might , apart from this Act, be instituted against such operator .

47. No suit , pros ecution or other leg al proceedings shall lie against the CentralGovernment or th e person , officer or authori ty in respect of anything done by it or him ingood faith in pursuance o f this A ct or of any rul e or order mad e, or direction issued, thereund er.

48. (1) The Central Go vernment may, b y notification, make rul es for carrying out th epur poses of this A ct.

(2) In particular , and w ithout prejudice to the g enerality of the foregoing powers suchrules may provide f or-

a the oth er financial security and the manner thereof under sub-section (I) o fsection 8 ;

Power to givedirections.

Pow er to callforinformation.

Exemptionfromapplication ofth is Act.

Act to be inaddition toany other law.

Protection ofact ion takenin go od faith

Power tomak e rules.


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Power t oremovedifficulti es.

14 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII -

b the salary and allowances payable to and the other terms and conditions ofservice of Claims Commissioner under section 11;

c the procedure to be followed by Claims Commissioner under sub-section J

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;

if any other matter under clause if of sub-section (4) of section 12;

g the form of application , the particulars it shall contain and the documents itshall accorripany , 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 ofserv ice of officers and other employees of the Commission , under sub-section (2) ofsection 30;

k the form of application, the particulars it shall contain and the documents itshall accompany , under sub-section I of section 31;

l any oth er matter under clause if of sub-section (5) of section 32;

m the form and the time for preparing annual report by the Commission under

section 37 ;

n the manner of transfer of officers and other employees of the Commissionunder 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 asmay be after it is made , before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or more successivesession s, 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 orboth Houses agree that the rule -should not be made, the rule shall thereafter have effect onlyin 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 previouslydone und er that rule .

49. I If any difficulty arises in giving effect to the provisions of this Act , the Centr alGovernment may , by order published in the Official Gazette, make such provisions , notinconsistent with the provisions of this Act , as appear to it to be necessary or expedient forremo ving the difficulty:

Provided that no order shall be made under this section after the expiry of three yearsfrom the commencement of this Act .


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S EC . I] THE GAZETTE OF INDIA EXTRAORDINARY 15

(2) Every order made under this section shall , as soon as may be after it i s mad e, belaid before each House of Parl iament .

V. K. BHAS IN,Secy. to the Gov t. of India

PRINTE D B Y THE GE NE RA L M AN AG ER, G O V T. OF INDIA PRE SS, M INTO ROAD, NEW DELHI A NDPUB LISHED B Y T HE CO NTRO LLE R OF PUBLICATIONS, DE LHI-2010.

GMGIPMRND -4600GI S3 -24 -09 -20 1 0 .

the civil liability of nuclear damage act,2010

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