Chapter III CLAIMS COMMISSIONER

1. (1) Whoever suffers nuclear damage shall be entitled to claim compensation in accordance with the provisions of this Act.
2. (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.

A person shall not be qualified for appointment as a Claims Commissioner unless he--

1. (a) is, or has been, a District Judge; or
2. (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.

The salary and allowances payable to and other terms and conditions of service of Claims Commissioner shall be such as may be prescribed.

1. (1) For the purposes of adjudication of claims under this Act, the Claims Commissioner shall follow such procedure as may be prescribed.
2. (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. (3) Where any person is associated under sub-section (2), he shall be paid such remuneration, fee or allowance, as may be prescribed.
4. (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. (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)