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IndiaCode Laws
Act38
Enacted 2010

The Civil Liability for Nuclear Damage Act, 2010

In force 49 sections Department of Atomic Energy

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 38 of 2010 Enacted 21 Sep 2010

Administered by. Department of Atomic Energy · Other Acts of 2010

Preamble

THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010

ACT NO. 38 OF 2010

[21st September, 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.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:--

What this Act covers

Summary of the Civil Liability for Nuclear Damage Act, 2010

Key Provisions

1. Liability Framework

• Operator's Liability: Strict and no-fault for nuclear damage, with capped limits.

• Nuclear Reactors (≥10 MW): ₹1,500 crores

• Spent Fuel Reprocessing Plants: ₹300 crores

• Others: ₹100 crores

• Joint and Several Liability for multiple operators.

• Central Government's Liability: For excess damages, government-owned installations, and special causes (natural disasters, war, etc.).

2. Exemptions

• Damage from natural disasters, armed conflict, victim’s negligence, or damage to the installation itself.

Claims and Compensation

• Claims Commissioner: Oversees claims process.

• Eligible Claimants: Victims, property owners, and their representatives.

• Time Limits:

• Property Damage: 10 years

• Personal Injury: 20 years

• Award Process: Final award by the Claims Commissioner within 3 months.

Financial and Regulatory

• Mandatory Insurance/Fiscal Security for operators.

• Potential Nuclear Liability Fund, funded by operator levies.

Definitions and Integration

• Broad Definitions for key nuclear terms.

• Integration with Atomic Energy Act, 1962 for operational and regulatory frameworks.

Sections

Type to filter. 49 sections.

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

Rules made under this Act

3 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Nuclear Liability Fund Rules, 20152015
  • Notification on entry into force of CLND Act, 20102011
  • The Civil Liability for Nuclear Damage Rules, 20112011

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 49 sections of this Act has its own page. This page is not a substitute for legal advice.