Vidhi Codex

The Civil Liability for Nuclear Damage Act, 2010

The Civil Liability for Nuclear Damage Act, 2010

Infrastructure201049 sections7 chapters

This Act regulates civil liability and compensation for damage caused by nuclear incidents in India. It applies to operators of government owned or government controlled nuclear installations and protects victims who suffer personal injury, property loss, or environmental damage. Under a strict, no fault liability framework, operators must maintain financial security or insurance to cover claims up to specified limits, beyond which the central government steps in. This legislation matters because it establishes a clear, streamlined mechanism through specialized commissioners to ensure victims receive prompt, fair compensation without having to prove negligence, ensuring justice and supporting safe nuclear energy development.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent, application and commencement.
  2. 2Definitions.

Chapter II LIABILITY FOR NUCLEAR DAMAGE →

  1. 3Atomic Energy Regulatory Board to notify nuclear incident.
  2. 4Liability of operator.
  3. 5Operator not liable in certain circumstances.
  4. 6Limits of liability.
  5. 7Liability of Central Government.
  6. 8Operator to maintain insurance or financial securities.

Chapter III CLAIMS COMMISSIONER →

  1. 9Compensation for nuclear damage and its adjudication.
  2. 10Qualifications for appointment as Claims Commissioner.
  3. 11Salary, allowances and other terms and conditions of service of Claims Commissioner.
  4. 12Adjudication procedure and powers of Claims Commissioner.

Chapter IV CLAIMS AND AWARDS →

  1. 13Inviting application for claims by Claims Commissioner.
  2. 14Person entitled to make application for nuclear damage.
  3. 15Procedure for making application before Claims Commissioner.
  4. 16Award by Claims Commissioner.
  5. 17Operator's right of recourse.
  6. 18Extinction of right to claim.

Chapter V NUCLEAR DAMAGE CLAIMS COMMISSION →

  1. 19Establishment of Nuclear Damage Claims Commission.
  2. 20Composition of Commission.
  3. 21Term of office.
  4. 22Salary, allowances and other terms and conditions of service of Chairperson and Members.
  5. 23Filling up of vacancies.
  6. 24Resignation and removal.
  7. 25Chairperson or Member deemed to retire from service.
  8. 26Suspension of pension.
  9. 27Prohibition of acting as arbitrator.
  10. 28Prohibition of practice.
  11. 29Powers of Chairperson.
  12. 30Officers and other employees of Commission.
  13. 31Application for compensation before Commission.
  14. 32Adjudication procedure and powers of Commission.
  15. 33Transfer of pending cases to Commission.
  16. 34Proceedings before Claims Commissioner or Commission to be judicial proceedings.
  17. 35Exclusion of jurisdiction of civil courts.
  18. 36Enforcement of awards.
  19. 37Annual report.
  20. 38Dissolution of Commission in certain circumstances.

Chapter VI OFFENCES AND PENALTIES →

  1. 39Offences and penalties.
  2. 40Offences by companies.
  3. 41Offences by Government Departments.
  4. 42Cognizance of offences.

Chapter VII MISCELLANEOUS →

  1. 43Power to give directions.
  2. 44Power to call for information.
  3. 45Exemption from application of this Act.
  4. 46Act to be in addition to any other law.
  5. 47Protection of action taken in good faith.
  6. 48Power to make rules.
  7. 49Power to remove difficulties.

PDF: pending for this language.