6. Limits of liability.
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 corers:
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.
| Other Contents of Civil Liability for Nuclear Damage Act, 2010 |
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| Sections 1 to 5 Sections 6 to 18 Sections 19 to 38 Sections 39 to 49 |
7. Liability of Central Government.
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.
8. Operator to maintain insurance or financial securities.
8. Operator to maintain insurance or financial securities.—(1) The operator shall, before he begins operation of his nuclear installation, take out insurance policy or such other financial security or combination of both, covering his liability under sub-section (2) of Section 6, in such manner as may be prescribed.
(2) The operator shall from time to time renew the insurance policy or other financial security referred to in sub-section (1), before the expiry of the period of validity thereof.
(3) The provisions of sub-sections (1) and (2) shall not apply to a nuclear installation owned by the Central Government.
Explanation.—For the purposes of this section, “financial security” means a contract of indemnity or guarantee, or shares or bonds or such instrument as may be prescribed or any combination thereof.
Chapter III
CLAIMS COMMISSIONER
9. Compensation for nuclear damage and its adjudication.
9. Compensation for nuclear damage and its adjudication.—(1) Whoever suffers nuclear damage shall be entitled to claim compensation in accordance with the provisions of this Act.
(2) For the purposes of adjudicating upon claims for compensation in respect of nuclear damage, the Central Government shall, by notification, appoint one or more Claims Commissioners for such area, as may be specified in that notification.
10. Qualifications for appointment as Claims Commissioner.
10. Qualifications for appointment as Claims Commissioner.—A person shall not be qualified for appointment as a Claims Commissioner unless he—
(a) is, or has been, a District Judge; or
(b) in the service of the Central Government and has held the post not below the rank of Additional Secretary to the Government of India or any other equivalent post in the Central Government.
11. Salary, allowances and other terms and conditions of service of Claims Commissioner.
11. Salary, allowances and other terms and conditions of service of Claims Commissioner.—The salary and allowances payable to and other terms and conditions of service of Claims Commissioner shall be such as may be prescribed.
12. Adjudication procedure and powers of Claims Commissioner.
12. Adjudication procedure and powers of Claims Commissioner.—(1) For the purposes of adjudication of claims under this Act, the Claims Commissioner shall follow such procedure as may be prescribed.
(2) For the purpose of holding inquiry, the Claims Commissioner may associate with him such persons having expertise in the nuclear field or such other persons and in such manner as may be prescribed.
(3) Where any person is associated under sub-section (2), he shall be paid such remuneration, fee or allowance, as may be prescribed.
(4) The Claims Commissioner shall, for the purposes of discharging his functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing of commission for the examination of any witness;
(f) any other matter which may be prescribed.
(5) The Claims Commissioner shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
Chapter IV
CLAIMS AND AWARDS
13. Inviting application for claims by Claims Commissioner.
13. Inviting application for claims by Claims Commissioner.—After the notification of nuclear incident under sub-section (1) of Section 3, the Claims Commissioner, having jurisdiction over the area, shall cause wide publicity to be given, in such manner as he deems fit, for inviting applications for claiming compensation for nuclear damage.
14. Person entitled to make application for nuclear damage.
14. Person entitled to make application for nuclear damage.—An application for compensation before the Claims Commissioner or the Commission, as the case may be, in respect of nuclear damage may be made by—
(a) a person who has sustained injury; or
(b) the owner of the property to which damage has been caused; or
(c) the legal representatives of the deceased; or
(d) any agent duly authorised by such person or owner or legal representatives.
15. Procedure for making application before Claims Commissioner.
15. Procedure for making application before Claims Commissioner.—(1) Every application for compensation before the Claims Commissioner for nuclear damage shall be made in such form, containing such particulars and accompanied by such documents, as may be prescribed.
(2) Subject to the provisions of Section 18, every application under sub-section (1) shall be made within a period of three years from the date of knowledge of nuclear damage by the person suffering such damage.
16. Award by Claims Commissioner.
16. Award by Claims Commissioner.—(1) On receipt of an application under sub-section (1) of Section 15, the Claims Commissioner shall, after giving notice of such application to the operator and affording an opportunity of being heard to the parties, dispose of the application within a period of three months from the date of such receipt and make an award accordingly.
(2) While making an award under this section, the Claims Commissioner shall not take into consideration any benefit, reimbursement or amount received by the applicant in pursuance of contract of insurance taken by him or for members of his family or otherwise.
(3) Where an operator is likely to remove or dispose of his property with the object of evading payment by him of the amount of the award, the Claims Commissioner may, in accordance with the provisions of Rules 1 to 4 of Order 39 of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), grant a temporary injunction to restrain such act.
(4) The Claims Commissioner shall arrange to deliver copies of the award to the parties within a period of fifteen days from the date of the award.
(5) Every award made under sub-section (1) shall be final.
17. Operator's right of recourse.
17. Operator's right of recourse.—The operator of the nuclear installation, after paying the compensation for nuclear damage in accordance with Section 6, shall have a right of recourse where—
(a) such right is expressly provided for in a contract in writing;
(b) the nuclear incident has resulted as a consequence of an act of supplier or his employee, which includes supply of equipment or material with patent or latent defects or sub-standard services;
(c) the nuclear incident has resulted from the act of commission or omission of an individual done with the intent to cause nuclear damage.
18. Extinction of right to claim.
18. Extinction of right to claim.—The right to claim compensation for nuclear damage shall extinguish, if such claim is not made within a period of—
(a) ten years, in the case of damage to property:
(b) twenty years, in the case of personal injury to any person,
from the date of occurrence of the incident notified under sub-section (1) of Section 3:
Provided that where a nuclear damage is caused by a nuclear incident involving nuclear material which, prior to such nuclear incident, had been stolen, lost, jettisoned or abandoned, the said period of ten years shall be computed from the date of such nuclear incident, but, in no case, it shall exceed a period of twenty years from the date of such theft, loss, jettison or abandonment.
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