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 5: Operator not liable in certain circumstances.
    (1) An operator shall not be liable for any nuclear damage where such damage is caused by a nuclear incident directly due to-
         (i) a grave natural disaster of an exceptional character; or
         (ii) an act of armed conflict, hostility, civil war, insurrection or terrorism.
     (2) An operator shall not be liable for any nuclear damage caused to--
         (i) the nuclear installation itself and any other nuclear installation including a nuclear installation under construction, on the site where such installation is located; and
         (ii) to any property on the same site which is used or to be used in connection with any such installation; or
         (iii) to the means of transport upon which the nuclear material involved was carried at the time of nuclear incident:
         Provided 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 of any other claim for damage under any other law for the time being in force.
     (3) Where any nuclear damage is suffered by a person on account of his own negligence or from his own acts of commission or omission, the operator shall not be liable to such person.
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