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PART 11--Section3rStib-section
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PUBLISHED By AUTHORITY
2011/WITME 20, 1933
trekntreat,Weirkff 11,
1933
It 6111 FRIDAY, NOVEMBER 11, 2011/KARTIKA 20,
NEW DELHI,
No.6111
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DPI 3(i)]
CHAPTER I
PRELIMINARY
for
1. Short title and commencement. - (1) These rules may be called the Civil Liability
Nuclear Damage Rules, 2011.
(2) They shall come into force on the date of their publication in the Official Gazette.
(a) "Act" means the Civil Liability for Nuclear Damage Act, 2010 (38 of 2010);
(c) "insurer" means the insurance company with which a nuclear installation
involved in a nuclear incident was insured at the time of the occurrence of such
incident and includes the person who has provided financial security to cover
the operator's liability under the Act;
(d) "legal representative" shall have the same meaning as assigned to it in clause (11)
of section 2 of the Code of Civil Procedure, 1908 (5 of 1908);
(2) Words and expressions used herein and not defined but defined in the Act shall
have the meanings respectively assigned to them in the Act.
4109 GI/2011-3
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18 THE GAZE' IE OF INDIA EXTRAORDINARY
:
f PART II-SEC. 3(i)]
CHAPTER II
INSURANCE AND FINANCIAL SECURITY
3. Insurance policy and financial security. - (1)
The operator shall take out an insurance
policy or financial security or a combination of both in accordance with section 8 of the
Act.
(2) The financial security referred to in sub-rule (1) shall be irrevocable and shall
continue till removal of all spent fuel from the spent fuel storage pool of
nuclear installation after removal thereof from the reactor core. the
\._ Shares
or bonds or instruments constituting financial security shall be pledged to
the
Central Government and remain so pledged till decommissioning of the plant
and a security margin of 1:1.33 be maintained during pledge and in the event of
any shortfall in security so calculated shall be immediately made good by the
operator by providing insurance or additional financial security to the extent of
shortfall.
(4) Nothing in this rale shall prevent a group of operators to enter into a joint
arrangement of financial security providing for contribution towards such security
in proportion to their individual installed capacity in thermal megawatts.
(5) The provisions of this rule shall not apply to a nuclear installation owned by the
Central Government.
CHAPTER III
REPORT OF NUCLEAR INCIDENT
4. Report of nuclear incident. -
a (1) The operator shall report immediately the occurrence of
nuclear incident in his nuclear installation or during transportation of nuclear material
to
(ii) the insurer where the nuclear installation is insured under section 8 of the Act; and
(iii) the Atomic Energy Regulatory Board where such nuclear installation is under its
jurisdiction, in the manner as the Board may, by order, specify in this behalf.
(2) The Central Government shall, on receipt
of the report under sub-rule (1) from the
operator of a nuclear installation, which is not under the jurisdiction of the Atomic
Energy Regulatory Board, make a review of the report and forWard its
observations and report to the Atomic Energy Regulatory Board.
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-11Td. Tif TIM : 31111'41711 19
1 II— iaus 3(i)] 3
(3) The Atomic Energy Regulatory Board shall review the report received under this
rule and notify the nuclear incident in accordance with section 3 of the Act .
5. Report of licensing authority. – (1) The claims adjudication authority shall, as soon as
a claith arising out of a nuclear incident notified under section 3 of the Act is filed, issue
direction in Form A to the licensing authorities as applicable under sections 14, 16 and 17
of the Atomic Energy Act, 1962 (33 of 1962).
(2) The licensing authorities to whom a direction under sub-rule (1) is issued, shall
within a period of ten days of the receipt of direction, submit to the claims
adjudication authority a detailed report in Form B regarding a licence of the
operator.
CHAPTER IV
ADJUDICATION OF CLAIMS
6. Application for compensation. – (1) An application for claim for compensation for
nuclear damage shall be made in Form C by -
(a) the person who has sustained injury; or
(b) the owner of the property to which the damage has been caused; or
(c) the representatives of the deceased; or
(d) any agent duly authorised jy such person or owner or legal
. representatives:
Provided that. where all the legal representatives of the deceased have not joined
in any such application for, compensation, the application shall be made on behalf
of or for the benefit of all the legal repreSentatives of the deceased and the legal
heirs who have not so joined shall be impleaded as respondents to the
application
(2) Every application for compensation for nuclear damage shall be accompanied by
as many copies equal to the number of the respondents, as may be required, to the
claims adjudication authority having jurisdiction to adjudicate upon it
(a) an affidavit of the applicant to the effect that the statement of facts contained
in the application is true to the best of his knowledge or belief and further if the
applicant has earlier preferred any claim application with regard to the same cause
of action, and if so, what was the result thereof;
(b) all the documents and affidavits for the proof thereof, and affidavits in support
of all facts on which the applicant relies in the context of his claim, entered in a
list of documents and affidavits prepared in that behalf:
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THE GAZE FIE OF INDIA : EXTRAORDINARY [Piar II--SEc. 3(i)]
Provided that the claims adjudication authority may not allow the applicant to rely
in support of his claim, on any document or affidavit not filed with the
application, unless it is satisfied that for good and sufficient cause, he was
prevented from filing such document or affidavit earlier;
(c) the proof of identity of the applicant to the satisfaction of the claims
adjudication authority, unless exempted from doing so for reasons to be recorded
in writing by it;
(d) passport size photograph of the applicant duly attested by the advocate;
(4) The claims adjudication authority may also require the applicant to furnish the
following information to satisfy itself that spurious or a collusive claim has not
been preferred, namely:-
(a) full particulars of all earlier nuclear incidents in which the applicant or the
deceased person, as the case may be, has been involved;
(b) the amount of compensation paid in such earlier nuclear incidents, name and
particulars of the victim, and of the person who paid the damages; and
(c) relation of persons mentioned in clause (b), if any with the applicant.
(5) The claims adjudication authority may return any application, which is found
defective on scrutiny, to the applicant for re-submission after removing defects
within a specified period not exceeding fifteen days.
(6) The claims adjudication authority shall register every application for
compensation separately in appropriate register maintained for this purpose.
7. Notice to Opposite Parties.- The claims adjudication authority shall on receipt .of an
application under rule 6 unless it has been found defective under sub-rule (5) of that rule,
send to the opposite parties, a notice of the date on which it will hear the application and
call them upon to file on that date a written statement.
8. Supply of copies of documents. -The claims adjudication authority shall along with the
notice of hearing furnish the opposite parties, free of cost, a copy of each of the
following, namely.-
Provided that if the claims adjudication authority is satisfied that any such
document is voluminous, it shall instead of furnishing the opposite parties a copy
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IIT11. Ti TF31111 31-41t111111 21
sITTI 3(i 1 )
thereof, make an endorsement on the bottom of the notice that they only be
allowed to inspect it either personally or through their authorised person.
10. Appearance and examination of the parties. - (1) The opposite party shall at or
before the first hearing, or within such further time as the claims adjudication authority
may allow, file a written statement in reply to the claim raised in the application,
and any such written statement shall form part of the record.
(2) The opposite party shall file along with his written statement, all the
documents and affidavits for the proof thereof and also affidavits in support
of all facts on which he relies in the context of his defence, duly entered
in a properly prepared list of documents and affidavits and shall give to the
applicant copies of the written statement, documents and affidavits.
(3) The claims adjudication authority shall not allow the opposite party to rely in
support of his defence on any document or affidavit not filed along with the
written statement,unless it is satisfied that, for good and sufficient cause, he
was prevented from filing such document or affidavit earlier.
(4) The claims adjudication authority may, if the opposite party contests the claim
or if no written statement has been filed, it shall, proceed to examine him
upon the claim and shall reduce the substance of the examination to writing.
(5) The claims adjudication authority may require the opposite parties to furnish the
following information, namely:-
(a) full particulars of all eather nuclear incidents in which such party may
have been involved, and in which the claims have been awarded in full or
in part;
(b) the amount of compensation paid in such earlier accidents, the name and
addresses of the victims and of the persons who paid the damages, and
(c) relation of persons mentioned in clause (b), if any, with the opposite party.
12. Power to direct for medical examination.- The claims adjudicatibn authority may, if it
considers necessary, direct, in FOrm D, any medical officer or any board of medical
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THE. GAZETTE OF INDIA EXTRAORDINARY
: [PART II—SEc. 3(i)]
officers in a Government or Municipal hospital to examine the injured person and issue
certificate indicating the degree and extent of the disability, if any, suffered as a result of
the nuclear incident, and it shall be the duty of such medical officer or board to submit
the report within a period of seven days of receipt'of direction.
13. Framing of issues.- The claims adjudiciltion authority shall, after considering the
application, the written statements, the examination of the parties, if any, and the result
of any local inspection, if made, proceed to frame and record the issues at the first
hearing of the application upon which the decision of the case appears to it to
depend,
14. Determination of issues. - (1) The claims adjudication authority shall proceed to
decide the application after framing an issue if it is triable and allow both the parties to
cross examine each other and the deponents whose affidavits have been filed by the
parties, on such affidavits filed with the application and the written statement and in
doing so, it shall follow provisions of Order XIX of the Code of Civil Procedure, 1908 (5
of 1908).
(2) The claims adjudication authority may, if it appears to it to be necessary for just
decision of the case, allow the parties to adduce such further evidence as each of
them may desire to produce:
15. Expenses for attendance of witnesses. - The claims adjudication authority shall direct
the operator to bear the expenses of the witnesses summoned.
16. Method of recording evidence.- The claims adjudication authority shall, as
examination of witnesses proceeds, make brief memorandum of the substance of the
evidence of each witness and such memorandum shall be written and signed by the
claims adjudication authority and shall form part of the evidence:
Provided that evidence of any expert witness shall be taken down word by word.
be paid by the opposite party of parties and also the person or persons to whom
compensation shall be paid.
(2) The procedure of adjudicating the liability and award of compensation may be
set apart from the procedure 'of' disbursement of compensation to the legal
heirs in a case of death, and where the claims adjudication authority feels that
the actual payment to the claimant is likely to take some time because of the
identification and determination of legal heirs of the deceased, the claims
adjudication authority may call for the amount of compensation awarded to be
deposited with it, and; then, proceed with the identification of the legal heirs
for disbursing payment of compensation to each of the legal heirs equitably.
19. Securing interest of claimants. - (1) Where any lump-sum amount deposited with the
claims adjudication authority is payable to a woman, such sum may be invested, applied
or otherwise dealt with for the benefit of the woman in such manner as the claims
adjudication authority may direct to be paid to any dependent or the heirs of such woman .
welfare of the whomteclaisdjunthoryiksbefdprovthe
woman or the heirs of such woman.
(2) Where any lump-sum amount deposited with the claims adjudication authority is
payable to a person under legal disability, such sum may be invested, applied or
otherwise dealt with for the benefit of the person under legal disability in such
manner as the claims adjudication authority may direct to be paid to any
dependent or the heirs of such person under legal disability whom the claims
adjudication authority thinks best fitted .to provide for the welfare of the person
under legal disability or the heirs of such person.
(4) The claims adjudication authority shall, in the case of minor, order that amount of
compensation awarded to such minor be invested in fixed deposits till such
minor attains majority:
Provided that the expenses incurred by the guardian or the next friend may be
allowed to be withdrawn by such guardian or the next friend from such amount
before it is deposited.
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24 THE GAZE1 lb, OF INDIA : EXTRAORDINARY [PART II--SEc. 3(i)1
(5) The claims adjudication authority shah, in the case of illiterate claimants, order
that the amount of compensation awarded be invested in fixed deposits for a
minimum period of three years, but if any amount is required for effecting
purchase of any movable or immovable property for improving the income of the
claimant, the claims adjudication authority may consider such a request after
being satisfied that the amount would be actually spent for the said purpose.
(6) The claims adjudication authority shall, in the case of semi-literate person follow
the procedure specified in sub-rule (4) for the deposit of award amounts unless
it is satisfied, for reasons to be recorded in writing that the whole or part of the
amount is required for the expansion of any existing business or for the purchase
of some property referred to in that sub-rule in which case the claims
adjudication authority shall ensure thal the amount is invested for the purpose for
which it is prayed for and paid.
(7) The claims adjudication authority may in the case of literate persc — follow the
procedure specified in sub-rule (4) and (5) for deposit of awarcit amount if
having regard to the age, fiscal backwound and state of society to which the
claimant belongs and such other consideration, the claims adjudication authority
in the larger interest of the claimant and with a view to ensuring the safety of the
compensation awarded, thinks it necessary to order.
(8) The claims adjudication authority, in case of personal injury, if satisfied that
further treatment is necessary for which reasons to be recorded in writing, may
permit the withdrawal of such amount as is necessary for the expenses of such
treatment.
(9) The claims adjudication authority shall, in the matter of investment of money,
have regard to a maximum return by way of periodical income to the claimant
and make it deposited with public sector undertakings of the State or Central
Government which offers higher rate c ,f interest.
(10) The claims adjudication authority shall, in investing money, direct that the
interest on the deposits be paid directly to the claimant or the .guardian of the
minor claimant by the institutions holding the deposits under intimation to the
claims adjudication authority.
20. Persons Associated with adjudicaticti Df claims.- (1) The claims adjudication
authority may for the purpose of deciding any claim filed before it, choose one or more
persons having expertise in the nuclear Geld or such other person possessing special
knowledge of any matter relevant to the claim under inquiry to assist in holding such
inquiry and adjudicating the claim.
(2) A person associated with the claims adjudication authority under sub-rule (1)
shall be paid such remuneration as the claims adjudication authority may by
order, fix.
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25
in its
The claims adjudication authority may,
„ a l practitioner.' h a legal practitioner.
Appearance of legal to appear before it thr_~ug that an
discretion, allow any party adjudication authority finds he reasons
if the claims adj it shall record s the date of
22. Adj
ournment of hearing.-
disoosed 0f at. one' hearing, arties presentt o f
mment and also inform the p
w i hation cannot he _~
which necessitate the adj
adjourned hearing- shall, obtain a receipt
a udication authority shall, who makes the
compensation lica The claims ' o be' issued to the over the payment.
~3 Receipt of dup licate one c opy
the o e to b
pay the nd the other to be retained on the record while handing
payment and
CHAPTER V
R1GH •' OF RECOURSE ct
a of section 17 of
A contract referred to in clause ~ ~ extent of the opseraor's
Zq ht of recourse. - (1) T ri ht of recourse for not less the n e e of the contract itself,
shall include a provision fo 2 g section 6 of the Act
liability under subsection (~) of
(1)
shall be for the
whichever is less. to in sub-ruleRadiation Protection)
rovision for right of recourse nderreferre
the Atomic Energy
(2) Tuep
duration of initial licenseroductissued u period, whichever is longer.
liability
p
Rules.. 2004 or the p ressions,-
For the purposes of this rule, the exp supplier has
F.,:zptanatu~n 1 -
eriod for which the
eriod" means the pp standard services under a
"product liability p
un
undertaken liability for patent or ~at.ent defects or su -
contract;
-
(h) "supplier" shall include a person who a system,
either directly or through an agent, nctional
supp lies; or builds a structure on the basis °
com.p~it1ent
(i) manufactures and
equipment or ndo T for
a
to a s do for
specification; or p rint or d etailed design specifications
anent or building
(ii) provides build a ° system, equipment or comp
for design and quality assurance; or
manufa cturing
and is responsible to the services
provides quality assurance or design o erator's claim
(iii)
- For the removal of doubts it is amount
actual clarifiedofthat an P
compensation paid by
r 2. m the
under t
his r ule shall £rp°~ such clai
under this
him up to the u
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CHAPTER VI
MISCELLANEOUS
25. Registers.- (1) The claims adjudication authority shall maintain the following
registers namely :-
(a) Register of applications for claim for compensation for nuclear damage;
(b) Register for notices to be issued to the parties by the claims adjudication .
authority;
(c) Register for applications for interim award;
(d) Register for deposit of payments in the claims adjudication authority; and
(e) Diary of day to day proceedings to be called as 'A Diary'.
26. Custody and preservation of records.- The documents and records relating to the
applications for compensation cases shall be preserved in the record room for a period
of thirty five years from the date of occurrence of the nuclear incident.
27. Staff. The claims adjudication authority shall be provided with staff similar to that
-
28. Conditions of service and salary and allowances of officers and other employees of
claims adjudication authority.- (1) The chairperson of the Commission appointed under
sub section (2) of section 20 of the Act shall be entitled to the pay and allowances in the
scale of pay equivalent to that of a Judge of a High Court during his service as such
chairperson of the Commission.
(2) The Members of the Commission appointed under sub-section (2) of section 20
of the Act shall be entitled to the pay and allowances in the scale of pay
equivalent to that of the Additional Secretary to the Government of India during
his service as such Member of the Commission.
(3) The Claims Commissioner appointed under sub section (2) of section 9 of the Act
shall be entitled to the pay and allowances in the scale of pay equivalent to that of
the Additional Secretary to the Government of India.
(4) The other officers and employees shall be entitled to pay and allowances in the
scale of pay equivalent to that of the officers and employees of the Central
Government holding equivalent posts in their respective cadres during their
service under the claims adjudication authority.
J
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3TCTIRTM 2'7
—tgus 3(i)1 i-TR3 tI•1471 :
••
(5) The other conditions of service _of the officers and employees of the claims
adjudication authority in the matters of age of retirement, post-retirement benefits.
and entitlements and disciplinary matters, shall be the same as are for the time
being applicable to the officers and employees of the Central Government holding
equivalent posts. •
(6) The officers and other employees of the claims adjudication. authority shall be
entitled to such other facilities, allowances or benefits as may be specified by the
Central Government from time to,time.
30. Annual Report. -The claims adjudication authority shall prepare and submit an annual
report in Form E to the Central Government on the duties carried out by it at the end of
each financial year giving full account of its activities during that financial year
containing details of its accounts, the claims pending before it, the claims disposed of
during the year under report and the claims pending at thsvd of such year.
FORM A ,
.(See 'rule 5(1)]
BEFORE THE CLAIMS COMMISSI(*Eli/NUCLEAR DAMAGE CLAIMS
COMMISSION
(Presided by:
Case No:
TITLE: -
Vs
To,
Licensing Authority
ORDER
Whereas the claim application mentioned above seeking payment of compensation has
been preferred before this Claims CommisSioner / Nuclear Damage "Claims Commission
in • connection with a nuclear incident allegedly involving the nuclear installation,
particulars of which are captioned above;
And whereas, .the nuclear installation is statzd to have been licensed by office under your
control/the licence aforesaid is stated to have - been issued by office under your control;
. . •
And whereas, the records relating to the said licence are required to he maintained by said
77- officer under your control under the AtOmic Energy Act, .1962 (33 of 1962);
c.■
And whereas, requisite details relatingtO the documents aforesaid are required by this
cn
Claims Commissioner / Nuclear. Damage Claims Commission for the purpOses of Inquiry
. under the provisiont of section 16 of the Civil Liability for Nuclear Damage Act, 2010
(38 of 2010) and which information you are bound to furnish.
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THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC 30M
Now, therefore, you are hereby directed to furnish to this Claims Commissioner / Nuclear
Damage Claims Commission full particulars regarding the licence aforesaid, with copies
of documents in support duly attested under your personal signatures and bearing your
official Seal within ten days of the receipt of this communication.
FORM B
[See rule 5 (2)]
Report of Licensing Authority
To
------- -------
----- - ----
Sir,
0) Registration No
(ii) Full name and . address of the operator of the nuclear installation.
(iii) Particulars of insurance:
2 Particulars of Licence:
a) - :Licence No
b) Date of issue/expiry:
c) Name and address of license holder.
d) Particulars of issuing Authority:
(Licensing Authority)
Verified that the contents of above report are correct as per records of this offite
FORM C
[See rule 6(1)]
Application for grant of compensation under the Civil Liability for Nuclear Damage Act,
2010 (3S of 2010)
(Presided by
Applicant
Vs.
Photograph
of Applicant
Respondents
Sir,
The undersigned makes this application for grant of compensation as per the
provisions of the Civil Liability for Nuclear Damage Act, 2010 on the basis of the
following facts and information :-
22. Prayer
. Verification
FORM D
To,
ORDER
Whereas the claim application above mentioned seeking payment of compensation has -
been preferred before this Claims Commissioner / Nuclear Damage Claims Commission
I
n connection with a. nuclear incident, and the claimant
S/o, D/o, W/o
Aged r/o
Given under my name and seal of this Claims Commissioner / Nuclear Damage Claims
Commission, this day of
•
FORM E
(See rule 30)
(1) A statement of the duties carried out during the year to which the annual report
pertains.
(2) A statement of claims pending at the beginning of the year to which the annual
report pertains -
(i) death cases and amount involved
(ii) injury cases and amount involved
(iii) damage to property cases and amount involved
A statement of claims filed during the year to which the annual report pertains-
(3)
(i) death cases and amount involved
(ii) injury cases and amount involved
(iii) damage to property cases and amount involved
(4) A statement of claims disposed of during the year to which the annual report
pertains -
(i) death cases and amount involved
(ii) injury cases and amount involved
(iii) damage to property cases and amount involved
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33
14Ra' "TT to144
(5.) A statement of claims pending at the end of the year to which the annual report
pertains-
(6) A statement of accounts for the year to which the annual report pertains.
(7) Any other information as the claims adjudicating authority deems fit.
[No.4/4/1/2010-ER]