Section 17

Operator's right of recourse.

The Civil Liability for Nuclear Damage Act, 2010

  • Act 38 of 2010
  • Department of Atomic Energy
About this 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.

All sections
    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 or 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.
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