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 7: Liability of Central Government.
    (1) The Central Government shall be liable for nuclear damage in respect of a nuclear incident,
         (a) where the liability exceeds the amount of liability of an operator specified under sub-section (2) of section 6, to the extent such liability exceeds such liability of the operator;
         (b) occurring in a nuclear installation owned by it; and
         (c) occurring on account of causes specified in clauses (i) and (ii) of sub-section (1) of section 5:
     Provided that the Central Government may, by notification, assume full liability for a nuclear installation not operated by it if it is of the opinion that it is necessary in public interest.
     (2) For the purpose of meeting part of its liability under clause (a) or clause (c) of sub-section (1), the Central Government may establish a fund to be called the Nuclear Liability Fund by charging such amount of levy from the operators, in such manner, as may be prescribed.
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