The Civil Liability For Nuclear Damage Act, 2010

Current Status: Rules, the Civil Liability For Nuclear Damage Bill 2010 was passed by the Lok Sabha on August 25, 2010 and the Rajya Sabha on August 30, 2010.

Ministry: Dept. of Atomic Energy

The Civil Liability for Nuclear Damage Act that was passed by the Parliament in August 2010 limits the liability of the operator in case of a nuclear incident. It secures the operator the right to recourse under certain circumstances. The Act also provides a mechanism to compensate victims of nuclear damage. The Civil Liability for Nuclear Damage Rules were notified under the Act on November 11, 2011. The Rules stipulate certain mandatory clauses for contracts that secure the operator the right to recourse. They also prescribe the procedure to provide compensation to victims in case of nuclear incidents.

Salient Features

• The Rules were notified under the Civil Liability for Nuclear Damage Act, 2010 on November 11, 2011
• The Rules specify conditions for the operator to seek recourse against the supplier when the right to recourse is provided under a contract
• The Act specifies three circumstances under which the operator can seek recourse
• The Rules specifically relate to the operator’s right to recourse under a contract under Section 17(a)
• The right to recourse can be exercised either during the ‘initial license period’ under the Atomic Energy (Radiation Protection) Rules, 2004, or the product liability period, whichever is longer
• The procedures prescribed to transfer compensation to the claimant differ on the basis of the claimant’s gender, literacy level and disability