Act Number: 38

Act Name: The Civil Liability for Nuclear Damage Act, 2010

Year: 2010

Enactment Date: 2010-09-21

Long Title: 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.

Ministry: Department of Atomic Energy

Department:

Section 1: Short title, extent, application and commencement.
    (1) This Act may be called the Civil Liability for Nuclear Damage Act, 2010.
     (2) It extends to the whole of India.
     (3) It also applies to nuclear damage suffered--
         (a) in or over the maritime areas beyond the territorial waters of India;
         (b) in or over the exclusive economic zone of India as referred to in section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);
         (c) on board or by a ship registered in India under section 22 of the Merchant Shipping Act, 1958 (44 of 1958) or under any other law for the time being in force;
         (d) on board or by an aircraft registered in India under clause (d) of sub-section (2) of section 5 of the Aircraft Act, 1934 (22 of 1934) or under any other law for the time being in force;
         (e) on or by an artificial island, installation or structure under the jurisdiction of India.
     (4) It applies only to the nuclear installation owned or controlled by the Central Government either by itself or through any authority or corporation established by it or a Government company.
     Explanation.--For the purposes of this sub-section, "Government company" shall have the same meaning as assigned to it in clause (bb) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 (33 of 1962).
     (5) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
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