Act 38 of 2010

The Civil Liability for Nuclear Damage Act, 2010

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.

  • Department of Atomic Energy
  • Enacted 2010-09-21
  • 49 sections
SectionTitle
1 Short title, extent, application and commencement. Read
2 Definitions. Read
3 Atomic Energy Regulatory Board to notify nuclear incident. Read
4 Liability of operator. Read
5 Operator not liable in certain circumstances. Read
6 Limits of liability. Read
7 Liability of Central Government. Read
8 Operator to maintain insurance or financial securities. Read
9 Compensation for nuclear damage and its adjudication. Read
10 Qualifications for appointment as Claims Commissioner. Read
11 Salary, allowances and other terms and conditions of service of Claims Commissioner. Read
12 Adjudication procedure and powers of Claims Commissioner. Read
13 Inviting application for claims by Claims Commissioner. Read
14 Person entitled to make application for nuclear damage. Read
15 Procedure for making application before Claims Commissioner. Read
16 Award by Claims Commissioner. Read
17 Operator's right of recourse. Read
18 Extinction of right to claim. Read
19 Establishment of Nuclear Damage Claims Commission. Read
20 Composition of Commission. Read
21 Term of office. Read
22 Salary, allowances and other terms and conditions of service of Chairperson and Members. Read
23 Filling up of vacancies. Read
24 Resignation and removal. Read
25 Chairperson or Member deemed to retire from service. Read
26 Suspension of pension. Read
27 Prohibition of acting as arbitrator. Read
28 Prohibition of practice. Read
29 Powers of Chairperson. Read
30 Officers and other employees of Commission. Read
31 Application for compensation before Commission. Read
32 Adjudication procedure and powers of Commission. Read
33 Transfer of pending cases to Commission. Read
34 Proceedings before Claims Commissioner or Commission to be judicial proceedings. Read
35 Exclusion of jurisdiction of civil courts. Read
36 Enforcement of awards. Read
37 Annual report. Read
38 Dissolution of Commission in certain circumstances. Read
39 Offences and penalties. Read
40 Offences by companies. Read
41 Offences by Government Departments. Read
42 Cognizance of offences. Read
43 Power to give directions. Read
44 Power to call for information. Read
45 Exemption from application of this Act. Read
46 Act to be in addition to any other law. Read
47 Protection of action taken in good faith. Read
48 Power to make rules. Read
49 Power to remove difficulties. Read
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