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The Civil Liability for Nuclear Damage Act

An Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.
2010
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title, extent, application and commencement
  3. 2
     Definitions

  • 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

  • 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

  • CLAIMS AND AWARDS

  • 13
     Inviting application for claims by Claims Commissioner
  • 14
     Person 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

  • 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
  • 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

  • OFFENCES AND PENALTIES

  • 39
     Offences and penalties
  • 40
     Offences by companies
  • 41
     Offences by Government Departments
  • 42
     Cognizance of offences

  • 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