PRELIMINARY
Section 1 — Short title, extent, application and commencement.
(1) This Act may be called the Civil Liability for Nuclear Damage Act, 2010.
(2) It extends to the whole of India.
(3) It also applies to nuclear damage suffered–
(a) in or over the maritime areas beyond the territorial waters of India;
(b) in or over the exclusive economic zone of India as referred to in section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);
(c) on board or by a ship registered in India under section 22 of the Merchant Shipping Act, 1958 (44 of 1958) or under any other law for the time being in force;
(d) on board or by an aircraft registered in India under clause (d) of sub-section (2) of section 5 of the Aircraft Act, 1934 (22 of 1934) or under any other law for the time being in force;
(e) on or by an artificial island, installation or structure under the jurisdiction of India.
(4) It applies only to the nuclear installation owned or controlled by the Central Government either by itself or through any authority or corporation established by it or a Government company.
Explanation.–For the purposes of this sub-section, "Government company" shall have the same meaning as assigned to it in clause (bb) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 (33 of 1962).
(5) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Browse all 49 sections
- 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.