Section List

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