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