The Civil Liability for Nuclear Damage Act, 2010
Administered Ministry: Department of Atomic Energy
Section
Section 41 Offences by Government Departments.
Where an offence under this Act has been committed by any Department of the Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Section 42 Cognizance of offences.
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act:
Provided that cognizance of such offence shall not be taken except on a complaint made by the Central Government or any authority or officer authorised in this behalf by that Government.
Provided that cognizance of such offence shall not be taken except on a complaint made by the Central Government or any authority or officer authorised in this behalf by that Government.
Section 43 Power to give directions.
The Central Government may, in exercise of its powers and performance of its functions under this Act, issue such directions, as it may deem fit, for the purposes of this Act, to any operator, person, officer, authority or body and such operator, person, officer, authority or body shall be bound to comply with such directions.
Section 44 Power to call for information.
The Central Government may call for such information from an operator as it may deem necessary.
Section 45 Exemption from application of this Act.
The Central Government may, by notification, exempt any nuclear installation from the application of this Act where, having regard to small quantity of nuclear material, it is of the opinion that the risk involved is insignificant.
Section 46 Act to be in addition to any other law.
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt the operator from any proceeding which might, apart from this Act, be instituted against such operator.
Section 47 Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the Central Government or the person, officer or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule or order made, or direction issued, thereunder.
Section 48 Power to make rules.
(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for --
(a) the other financial security and the manner thereof under sub-section (1) of section 8;
(b) the salary and allowances payable to and the other terms and conditions of service of Claims
Commissioner under section 11;
(c) the procedure to be followed by Claims Commissioner under sub-section (1) of section 12;
(d) the person to be associated by Claims Commissioner and the manner thereof, under subsection (2) of section 12;
(e) the remuneration, fee or allowances of associated person under sub-section (3) of section 12;
(f) any other matter under clause (f) of sub-section (4) of section 12;
(g) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 15;
(h) the salary and allowances payable to and other terms and conditions of service of Chairperson and other Members, under section 22;
(i) the powers of Chairperson under section 29;
(j) the salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission, under sub-section (2) of section 30;
(k) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 31;
(l) any other matter under clause (f) of sub-section (5) of section 32;
(m) the form and the time for preparing annual report by the Commission under section 37;
(n) the manner of transfer of officers and other employees of the Commission under clause (c) of sub-section (2) of section 38.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for --
(a) the other financial security and the manner thereof under sub-section (1) of section 8;
(b) the salary and allowances payable to and the other terms and conditions of service of Claims
Commissioner under section 11;
(c) the procedure to be followed by Claims Commissioner under sub-section (1) of section 12;
(d) the person to be associated by Claims Commissioner and the manner thereof, under subsection (2) of section 12;
(e) the remuneration, fee or allowances of associated person under sub-section (3) of section 12;
(f) any other matter under clause (f) of sub-section (4) of section 12;
(g) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 15;
(h) the salary and allowances payable to and other terms and conditions of service of Chairperson and other Members, under section 22;
(i) the powers of Chairperson under section 29;
(j) the salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission, under sub-section (2) of section 30;
(k) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 31;
(l) any other matter under clause (f) of sub-section (5) of section 32;
(m) the form and the time for preparing annual report by the Commission under section 37;
(n) the manner of transfer of officers and other employees of the Commission under clause (c) of sub-section (2) of section 38.
(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 49 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.