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The Civil Liability for Nuclear Damage Act, 2010

Central

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.

Act number
38 of 2010
Ministry
Department of Atomic Energy
Enacted
21 Sep 2010

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

49 sections

  1. Section 1Short title, extent, application and commencement.
  2. Section 2Definitions.
  3. Section 3Atomic Energy Regulatory Board to notify nuclear incident.
  4. Section 4Liability of operator.
  5. Section 5Operator not liable in certain circumstances.
  6. Section 6Limits of liability.
  7. Section 7Liability of Central Government.
  8. Section 8Operator to maintain insurance or financial securities.
  9. Section 9Compensation for nuclear damage and its adjudication.
  10. Section 10Qualifications for appointment as Claims Commissioner.
  11. Section 11Salary, allowances and other terms and conditions of service of Claims Commissioner.
  12. Section 12Adjudication procedure and powers of Claims Commissioner.
  13. Section 13Inviting application for claims by Claims Commissioner.
  14. Section 14Person entitled to make application for nuclear damage.
  15. Section 15Procedure for making application before Claims Commissioner.
  16. Section 16Award by Claims Commissioner.
  17. Section 17Operator's right of recourse.
  18. Section 18Extinction of right to claim.
  19. Section 19Establishment of Nuclear Damage Claims Commission.
  20. Section 20Composition of Commission.
  21. Section 21Term of office.
  22. Section 22Salary, allowances and other terms and conditions of service of Chairperson and Members.
  23. Section 23Filling up of vacancies.
  24. Section 24Resignation and removal.
  25. Section 25Chairperson or Member deemed to retire from service.
  26. Section 26Suspension of pension.
  27. Section 27Prohibition of acting as arbitrator.
  28. Section 28Prohibition of practice.
  29. Section 29Powers of Chairperson.
  30. Section 30Officers and other employees of Commission.
  31. Section 31Application for compensation before Commission.
  32. Section 32Adjudication procedure and powers of Commission.
  33. Section 33Transfer of pending cases to Commission.
  34. Section 34Proceedings before Claims Commissioner or Commission to be judicial proceedings.
  35. Section 35Exclusion of jurisdiction of civil courts.
  36. Section 36Enforcement of awards.
  37. Section 37Annual report.
  38. Section 38Dissolution of Commission in certain circumstances.
  39. Section 39Offences and penalties.
  40. Section 40Offences by companies.
  41. Section 41Offences by Government Departments.
  42. Section 42Cognizance of offences.
  43. Section 43Power to give directions.
  44. Section 44Power to call for information.
  45. Section 45Exemption from application of this Act.
  46. Section 46Act to be in addition to any other law.
  47. Section 47Protection of action taken in good faith.
  48. Section 48Power to make rules.
  49. Section 49Power to remove difficulties.