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 6: Limits of liability.
    (1) The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of three hundred million Special Drawing Rights or such higher amount as the Central Government may specify by notification:
     Provided that the Central Government may take additional measures, where necessary, if the compensation to be awarded under this Act exceeds the amount specified under this sub-section.
     (2) The liability of an operator for each nuclear incident shall be--
         (a) in respect of nuclear reactors having thermal power equal to or above ten MW, rupees one thousand five hundred crores;
         (b) in respect of spent fuel reprocessing plants, rupees three hundred crores;
         (c) in respect of the research reactors having thermal power below ten MW, fuel cycle facilities other than spent fuel reprocessing plants and transportation of nuclear materials, rupees one hundred crores:
     Provided that the Central Government may review the amount of operator's liability from time to time and specify, by notification, a higher amount under this sub-section:
     Provided further that the amount of liability shall not include any interest or cost of proceedings.
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