The Civil Liability for Nuclear Damage Act, 2010
Administered Ministry: Department of Atomic Energy
Act details
| Short title | The Civil Liability for Nuclear Damage Act, 2010 |
|---|---|
| Long title | 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 |
| Act year | 2010 |
| Enactment date | 21 Sep 2010 |
| Ministry | Department of Atomic Energy |
| Jurisdiction | Central (Parliament of India) |
| Sections | 49 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
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.
Legislative history
Legislative History:
The Civil Liability for Nuclear Damage Act, 2010
Short Title The Civil Liability for Nuclear Damage Act, 2010
Act Number / Year Act No. 38 of 2010
Act ID (India Code) 201038
Presidential Assent Date September 21, 2010
Enforcement Date November 11, 2011
Nodal Ministry Department of Atomic Energy
Precedent & Statutory Rationale
1. Indo-US Civil Nuclear Agreement and International Obligations:
o Following the Indo-US Civil Nuclear Agreement (2005–2008) and India's separation of civilian and military nuclear facilities, India sought to integrate into global nuclear commerce. A prerequisite for this was establishing a domestic nuclear liability regime to enable international trade and movement toward ratifying the international Convention on Supplementary Compensation for Nuclear Damage (CSC).
2. Addressing Liability Gaps and Ensuring Victim Compensation:
o Prior to 2010, India lacked a specialized legal framework to handle catastrophic industrial accidents in the nuclear sector. The law was designed to create a predictable, "no-fault" liability mechanism that guarantees prompt and adequate compensation to victims of a nuclear incident without forcing them to undergo protracted civil litigation to prove negligence.
Parliamentary Trajectory & Enactment
• Formulation: Drafted and piloted by the Department of Atomic Energy to align India's domestic laws with international civil nuclear standards while addressing unique national security and public safety priorities.
• Parliamentary Passage: Tabled in Parliament in May 2010, subjected to intense political debate and scrutiny by a Parliamentary Standing Committee, and subsequently passed by both the Lok Sabha and Rajya Sabha in August 2010.
• Presidential Assent: Received formal Presidential Assent on September 21, 2010, entering the statute book as Act No. 38 of 2010.
• Enforcement: Enforced on November 11, 2011.
• Source: India Code and Department of Atomic Energy Official Records