seat e rees—10 «REGISTERED NO. DL—~(Neamnee772003—18 - - JIN 2 USGA The Gazette of Fudia EXTRAORDINARY WH wai PART Il— Section 1 atterR @ Werte PUBLISHED BY AUTHORITY ea ‘ag Reeet, gear, Perewt 22, 2010 / WE 31, 1932 No, 47} NEW DELHI, WEDNESDAY, SEPTEMBER 22, 2010 / BHADRA 31, 1932 Wed fea yo vend wil t feed Reg erie ert ere ‘Separate paging ls given to this Part la order that may be fed se 1 voparsis compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Dethi, the 22nd September, 201 0/Bhadra 31, 1932 (Saka) The following Act of Parliament received the assent of the President on the 2st September, 2010, and is hereby published for general information:— ‘THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010 No. 38 oF 2010 [lst September, 2010] ‘An Act to provide for civil ability 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. Bx tenacted by Parliament inthe Sixty-firt Year ofthe Republic of india as follows:— (CHAPTER 1 Pamaunary 1, (2) This Act may be called th Civil Liability for Nuclear Damage Act, 2010. sr tt, (2) ltextends to the whole of India. ‘option (2) Italso applies to nuclear damage suffered— comme, (@) in or over the maritime areas beyond the territorial waters of India;Defiaitions ‘THE GAZETTE OF INDIA EXTRAORDINARY. Part (8) in or over the exclusive economic zone of India as referred to in section 7 of. the Teritorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime: . \ Zones Ac, 1976; | of 197, i (©) on board or by a ship registered in India under section 22 of the Merchant, | Shipping Ac, 1958 oc under any other law forthe time being in force; sores, | (@) onboard or by an aircraft registered in India under clase () of sub-section (2) of section Sof the Aircraft Act, 1934 or under anyother law forthe ime being in force; 22 of 194 . (© onorby an artificial island, installation or structure under the jurisdiction of india. | (@ It applics aly to the nuclear installation owned or controted by the Central Government ether by elf or trough any autor or corporation enablahed by It or a Government company. Explanation —Foe the purposes ofthis sub-section, “Government company" shall have the same meaning as assigned to tin clause (6) of sub-section (1) of section 2 of the, ‘Atomic Energy Act, 1962. 23 of 190 (5) thal come it fore on such date asthe Canta Goverment may, by notifetion, ‘ppolat; and differen dates may be appointed fr different provisions of this Act, and any reference ia any such provision tothe commencement of this Act sall be construed as a) reference to the coming into force of that provision, 22 Inthis Act, unless the Context otherwise requires, — @ 9" means the Charperson of the Commission appointed under { sub-section (3 of ection 20; (© *Claima Commissioner" means the Claims Commissionér appointed under sub-section (2) of tection 9; (©) *Commisson” means the Nuclear Damage Claims Comnmiasion established under section 19; i (@) “environment” shall have the same meaning es assigned to it in clause (2) of : section of te Environment (Protection) Act, 1986; 29 or ise (©) "Member* means a Member of the Commission appointed under! sub-section (1) of ection 20; (9 *zoifcation® means notation publihe nthe Oficial Gazete andthe! term *notfy" shal be constiued accordingly, (@) “nuclear damage” means— (0 sso or personal injury (ieating mediate nd longterm eat: fempact) 10a person; or {1 tos of, oF damage 0, propery, caused by or arising out of nuclear incident, and includes each ofthe folowing tothe ‘extent notified by the Central Government, {it) any economic los, arising from the loss or damage refered to in| sub-clauses (fof (i) and not included in the claims made under those sub-clauses,iFincurred by perton entitled to claim such loss or damage; () coms of measures of reinstatement of impaired environment caused by annclear incident, unless auch impairment is insignificant, ifsuch measures, are actually taken oF to be taken and not included inthe claims made under sub-clause (i (©) los of income derived from an economic interest in any use or enjoyment ofthe envionment, incured asa result of significant impairment of, ‘hat envronment awed by anuclenrieien and not ncladed inthe claims ander sub-clause (i; (0 the cost of preventive measures, and further loss or damage cased by much menus;33 of 1962 ‘Sec. ‘THE GAZETTE OF INDIA EXTRAORDINARY. (vi anyother economic les, other than the one came by impairment of the ceviconemet reir tin wub-clanes (vy) and), inv fa tis permed by the ‘sera! iw on civil bility in force in Enda and not claimed under any mach law, in the case of sub-clause (10 (+) and (vi) above, tothe extent the loss or damage arises out of, or result from, ionizing radiation emitted by any source of radiation inside « nuclear instalation, or emitted from nuclear fuel or radioactive products or waa in, oF of, mclar material coming from, originating in, or ent to, a nuclear installation, whether 30 arising ftom the radiosctive properties of such mater, or from combination of radioactive properties with oxic, explosive or other hazardous properties of such matter; (H) “nuclear fue” moans any matetal which is capable of producing eneruy by a self-sustaining chain process of nuclear fasion; (0) “nuclear incident” means any occurrence or series of occurrences having, ‘the same origin which causes nuclear damage ot, but only with respect to preventive measures, creates grave and imminent throat of causing such damage; (“nuclear installation” means— (C+) any nuclear reactor other than one with which « means of transport ia equipped for use a « source of power, whether for propulsion thereof or for ‘any other purpose; (2) any facility using nuclear fuel forthe production of nuclear material, or any facility forthe processing of naclear material, including re-processing of irradiated nuclear fel; and (© any facility where nuclear material is stored (other than storage incidental to the carcage of such material). Explanation.—For the purpose of this clause, several nuclear installations of ‘one operator which are located at the same site shall be considered as » single ‘nuclear installation; (&) “nuclear materia!” means and inchudes— () muclear fuel (other tha natural uranium or depleted uranium) capable of producing energy by a self-sustaining chain process of nuclear fission outside a nuclear reactor, either by iuelf or in combination with some other ‘materia; and i radioactive products or waste; () “wuclear reactor” means any structure containing nuclear fuel in such an srangement that a seff sustaining chain process of nuclear fission can occur therein without an additional source of neutrons, (m) “operator”, in relation to. nuclear installation, means the Central Government or any authority or corporation established by It or a Government company who has been granted a licence pursuant tothe Atomic Energy Act, 1962 for the operation of that installation; (n) “prescribed” means prescribed by rules made under this Act; (0) “preventive measures” means any reasonable measures taken by a person ‘her 1 nuclear incident has occurred to prevent or minimise damage referred to in sub-clause ()to(v) and (vf) of cause (g), abject tothe approval of the Central Government, (2) “radioactive products oF waste” means any radiosctive materi produced in, or any material made radioactive by exposure to, the radiation incidental to the production or utilisation of nuclear fuel, but does not include radioisotopes wich have reachod the final stage of fabrication 20 a8 to be usable for any sclntific, ‘medical, agricultural, commercial or industrial purpose;‘THE GAZETTE OF INDIA EXTRAORDINARY. Partt— 5 “Special Drawing Rights” moans Special Drawing Rights as determined by the International Monetary Fund, (CHAPTER IL [Langury For NUCLEAR DAMAGE | i ‘om: Exersy 3 (1) The Atomic Energy Regulatory Board constituted under the Atomic Energy i} Regulatory Act, 1962 shall, within a period of fiflcen days from the date of occurrence of a nuclear: 33 of 1962 i Bord. "et incident, notty such nuclear incident i incident Provided that where the Atomic Energy Regulatory Board is satisfied thatthe gravity’ 4 of threat and risk involved in a nuclear incident is inaignifiant, it shall not be requirod t9 | notify such nuclear incident. : (2) The Atomic Energy Regulatory Board shall, immediately afer the notification ‘under sub-section (/) is issued, cause wide publicity to’be given to the occurrence of such ‘nuclear incident, in such manner as it may deem ft ; Labity of 4.(1) The operator ofthe nuclear installation shall be liable for nuclear damage caused operator. by a clear incident — (@)inthat nuclear installation; of j | ee eee | instalation and oturing before — ; \ (0 the liability for nuclear incident involving such nuclear material has | | | | \ \ boon asumed, pursuant toa writen agreement, by another operator; oF (another operator has taken charge of such nuclear material; or {Uf the person duly authorised w operate = nuclear rector has taken charge ofthe suclear materi! intended tobe used in that rector with which means of transport is equipped for use us source of power, whether for ‘propulion thereof or for any other purpose; or ({») such moclear material hasbeen unloaded from the means of transport by which it was sen to pecaon within the teriery of a foreign Stat; or (©) involving nuclear material sent to that nuclear installation and occurring ' | fier (f the libility for nuclear incident involving such nuclear material has ' ‘been transferred to that operator, pursuant jo a written agreement, by the operator i of another nuclear installation; or (i) that operator has taken charge of such nuclear material; or {Gd that operator has taken charge of such nuclear material from person i ‘operating a nuclear reactor with which a means of transport is equipped for use _as source of power, whether for propulsion thereof or for any other purpose; OF (by) such nuclear material has been loaded, withthe written consent of ‘that operator, on the means of transport by which it isto be carried from the territory of foreign State. (2) Where more than one peraior is liable for nuclear damage, the lability of the ‘operators 20 involved shall, in 20 far as the damage attributable to each operator it not ‘separable, be Joint and several: Provided thatthe total liability of such operators shall nat exceed the extent of liability specified under sub-section (2) of section 6. ance ne amen gee sn aenemene eee f NR ANE TT CR,Sec. ‘THE GAZETTE OF INDIA EXTRAORDINARY (3) Where several nuclear installations of one and the same operator are involved in & ‘tuctear incident, suc operator shal, in reapect of each such nuclear inatalltion, beable to the extent of ably specified under sub-section (2) of setion 6, (The liability of the operator of the nuctear installation shall be strict and shall be ‘based onthe principle of no-fault ibility. Explanation.— For the purpotes of this section,— (a) where nuclear damage is caused by a nuclear incident occurring in a nuclear installation on account of vemporary storage of materil-in-trasit in such installation, the person responsible for transit of such material shall be deemed to be the operator; (0) where a nuclear damage ia caused as 2 result of nuclear incident during the ‘ranaportation of nuclear material, the consignor shall be deemed to be the operator; (©) where any written agreement has boon entered into between the consignor ‘and the contignoe or, asthe case may be, the consignor and the carrier of micleer ‘material, the person liable for any nuclear damage under such agrooment shall be deemed to be the operator; (@ where both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident or, jointly by « nuclear incident and one oF more ‘other occurrences, such other damage shall, to the extent itis not seperable from the ‘auclear damage, be deemed to be a nuclear damage caused by such nuclear incident. ‘5. (0) An operator shall not be liable for any nuclear damage where such damage is ‘caused by,a nuclear incident directly due to— (0) agave natural disaster of an exceptional character; ot (W anact of armed conflict, hostility, civil war, insurrection or teroriam, (2) An operator shall not be liable for any nuclear damage caused to— (7) the nuclear installation ivelf and anyother nuclear installation including amuclear ‘nsallation under construction, onthe site where such installation is located; and (Gi) to any property on the same site which is used oto be used in connection with any such installation; or (ii to the means of transport upon which the nuclear material involved was carried at the time of nuclear incident: Provided that any compensation liable to be paid by an operator for » nuclear damage shal not have the effect of reducing the amount of his liability in reapect of any other claim for damage under any other law for the time being in force. (3) Where any nuclear damage is suffered by a person on sccount of his own negligence r from his own acts of commission or omission, the operator shall not be lible to such person, 6.(/) The maximum amount of liability in respect of each nuclear incident shall be the ‘epee equivalent of tire hundred milion Speci! Drevng Rights or wch higher amount as the Central Goverament may specify by notification: Provided thatthe Central Government may take additional measures, where necessary, if the compensation to be awarded under this Act exceeds the amount specified under this ib-section. (@) The lability of en operator for each mucler incident shall be— (c) in respect of nuclear reactors having thermal power equal to or above ten MW, rupees one thousand five hundred crores; (®) in respect of spent fuel reprocessing plans, rupees three hundred crores, (©) In respect ofthe research reactors having thermal power below ien MW, fuel ‘cycle facilites other than spent fuel reprocessing plants und transportation of muclear materials rupees one hundred crores: Provided thatthe Central Government may review the amount of operator’ labilky from tine to tine ed spect, by notification, «higher amount under tis ub-eetion: Provided further that the amount of liabillty shall not include any interest or cost of proceedings, of iLiabitiy of Cental Government Fasurance Finacial ‘Compensation for mela rage and jinn. Suy, Mlowances tnd oer terms and conditions of serve of ‘THE GAZETTE OF INDIA EXTRAORDINARY Part 7. () The Contal Government shall be incident, — (0) where the liability exceeds the amount of lis under sub-section (2) of section 6, tothe extent such la the operator; (® occurring in «nuclear installation owned by it and (©) occurring on account of causes specified in clauses (1) and (ii) of sub-section (/) of section 5: Provided thatthe Central Government may, by notification, assume full liability fora ‘uclear installation not operated by it if itis of the opinion that itis necessary in public interest. for nuclear damage in respect of a nuclear ‘of an operator specified silty exceeds such liability of (2) For the purpose of mosting part of its lability under clause (a) of clause (c) of sub-section (/), the Central Government may establish a fund to be called the Nuclear Liability Fund by charging such amount of levy from the operators, in such manner, as may be preseribed. 8. (1) The operator shall before he begins operation of is nuclear installation, take ‘out insurance policy or such other financial security or combination of both, covering his liability under sub-section (2) of section 6, in such manner as may be prescribed. (2) The operator shall from time to time renew the insurance policy or other financial security referred to in sub-tection (1), before the expiry of the period of validity thereof. (2) The provisions of sub-sections (1) and (2) shall not apply to a nuclear instalation ‘owned by the Central Government. _Explanation.—For the purposes ofthis section, “financial security” means a of indemnity or guarantee, or shares or bonds or such instrument as may be prescribed of any combination thereof. 7 CHAPTER I : Cuams Consassioner 9. (J) Whoever suffers nuclear damage shall be entitled to claim compensation in accordance with the provisions of this Act. (2) For the purposes of adjudicating upon ciaims 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. 10. Apperson shall not be qualified for appointment as a Claims Commissioner unless he— (2)is, or has been, a District Judge; or (inthe service ofthe Central Government and has held the post not below the rank of Additional Secretary to the Government of India or any other equivalent post inthe Central Government. 11. ‘The salary and allowances payable to and other terms and conditions of service of Claims Commissioner shall be such as mey be prescribed.5 of 1908, 2 oF 1974 Sec.1] THE GAZETTE OF INDIA EXTRAORDINARY 12. (J) For the purposes of adjudication of claims under this Act, the Claims CCormmnissioner shall follow such procedure as may be prescribed. (2) For the purpose of holding inquiry, the Claims Commissioner may associate with hhim such persons having expertise in the nuclear fleld or such other persons and in such ‘manner as may be prescribed. (2) Where any person is associated under sub-section (2), he shall be paid such ‘remuneration, fee or allowance, as may be prescribed. (@) The Claims Commissioner shal, for the purposes of discharging his functions under this Act, have the same powers as are vested in a civil cout under the Code of Civil Procedure, 1908, while trying a suit, in respect ofthe following matters, namely:— (@) summoning and enforcing the attendance of any person and examining him on oath; (}) the discovery and production of documents; (@) receiving evidence on affidavits; (@ requisitioning any public record or copies thereof from any court or office; (©) issuing of commission for the examination of any witness; (f) any other matter which may be prescribed. (5) The Claims Commissioner shall be deemed to be a civil court forthe purposes of ‘section 195 and Chapter XVI ofthe Code of Criminal Procedure, 1973. (CWUPTER IV (Chames AND AWARDS 13, After the notification of nuclear incident under sub-section (/) of section 3, the ‘Adjudication (rocadere and powers of Claims ‘Commision Claims Commissioner, having jurisdiction over the area, shall cause wide publicity to be spp _iven, in such manner as he deems fit, for inviting applications for claiming compensation for ‘nuclear damage. 14. An application for compensation before the Claims Commissioner or the ‘Commission a the case may be, in respect of nuclear damage may be made by— (0) person who has sustained injury: oF (6) the owner ofthe property to which damage has been caused; or (©) the legal representatives of the deceased; ot (@hany agent duly authorised by such person oF owner of legal representatives. 15. (J) Bvery application fo compensation before the Caims Commissioner fr nuclear ‘damage shall be made in such form, containing such particulars end wccompanied by such documents, as may be prescribed. (2) Subject to the provisions of section 18, every application under sub-section (J) shall be made within a period of three years from the date of knowledge of nuclear damage by ‘the person suffering such damage. 16.(1) On receipt ofan application under sub-section (1) of section 15, the Clams ‘Commissioner shal, after giving notice of soch application tothe opersior and affording on opportunity of being heard tothe parties, dispose ofthe application within period of three ‘months from the dts of such receipt and make an award accordingly. (2) While making an award under hi section, the Claims Commissioner shall nt take into consideration any benefit, reimbursement ot amount received by the applicant in Pursuance of contract of insurance taken by him or for members of his family o otherwise. ated 10 ‘pplieaton (or mecear Procedare forOperntoes righ of Extinction of righ to clan Esublishment of Nocleat Damage Chime Commission. Composition of Commission (8) Where an operitor is ikely to remove or dispose ofhis property withthe object of ‘evading payment by him ofthe amount ofthe award, the Claims Commissioner may, in accordance with the provisions of rules 1 t 4 of Order XXCKIX ofthe First Schedule to the Code of Civil Procedure, 1908, grant a temporary injunction to restrain such act. (The Claims Commissioner shall arange to deliver copies of the award to the parties within period of fifteen days from the date ofthe award, (5) Every award made under sub-section (1) shall be final. i 17, The operator ofthe nuclear installation, after paying the compensation for nuclear ‘damage in accordance with soction 6, shall have a right of recourse where— (@ such right is expressly provided for in a contract in writing; (®) the nuclear incident has resulted 1s a consequence of an uct of supplier or his employee, which incudes supply of equipment or material with patent or latent defects or sub-standard services; (©) the nuctear incident has resulted from the act of commission or omission of tn individual done with the intent to cause nuclear damage. 18, The rightto claim compensation for nuclear damage shall extinguish, ifsuch claim is not made within a period of — (@) ten years, inthe case of damage to property; (©) twenty year, in the case of personal injury to any person, from the date of occurrence of the incident notified under sub-section (1) of section 3: Provided that where a nuclear damage is caused by a nuclear incident involving nuclear ‘material which, prior to such nuclear incident, had been stolen, lst, jettisoned or abandoned, the said period of ten years shall be computed from the date of such nuclear incident, bu, in ‘no case, it shall exceed a period of rwenty years from the date of such theft, loss, jetison or abandonment. (CHAPTER V ‘Nucuzan Danaas Canes Conaassion 19, Where the Cental Government, having regard to the injury or damage caused by ‘nuclear incident, is ofthe opinion tht it is expedient in pubic interest that such claims for such damage be adjudicated by the Commission instead ofa Claims Commissioner, t may, by ‘notification, establish « Commission for the purpose of this Act. 20, (1) The Commission shall consist of « Chairperson and such other Members, not exceeding sx, nthe Contral Government may, by notification, appoint. (@) The Chairperson and other Members of the Commission shall be appointed onthe recommendation of Selection Commiee consisting of thee experts from amongs the persons having at least thirty years of experiehce in muclear science and a retired Supreme Court Judge. { ()A person shall not be qualified for appointment asthe Chairperson of the ‘Commission unles be bas ataned the age of fifty-five years ands or has been or qualified Provided that no appointment of «sting judge shall be made except after consultation with the Chief Justice of India, (OA person shall not be qualified for appointment as a Member unless he has attained the age of Fity-five years and— (4) hashed or isholding or qualified to bold the post of Adltional Secretary to the Government of India or any other equivalent post in the Central Government and 5 of 1908.See-1] ‘THE GAZETTE OF INDIA EXTRAORDINARY 9 possesses special knowledge in law relating to nuclear linbilty arising out of nuclear incident; oF (6) bas been a Claims Commissioner for five years, 21, The Chairperson ora Member asthe case may be, shall bold office as such fora term of three years from the date on which he enter upon his office and shal be eligible for re-appointment for another term of three years: Provided that no person shail hold office as such Chairperson or Member after he has attained the age of sixty-seven years, 22, The salary and allowances payable to and other terms and conditions of service, including pension, gratuity and other retirement benefits, of the Chairperson and other Members thall be such as may be prescribed: Provided that no salary, allowances and other terms and conditions of service of the ‘Cluirpervon or other Members shall be varied to his disadvantage after his appointment. 23,1, for reasons other than temporary absence, any vacancy occur in he office of ‘the Chaisperson or Member, as the case my be, the Ceatral Government shall appoint another person in sccordance with the provisions ofthis Act to fill such vacancy and the ‘proceedings may be continued before the Commiasion from the stage at which Iwas, before the vacancy is filled, 24, (1) The Chairperson or a Member may, by a notice in writing under his hand ‘uddressed tothe Central Government, retiga his office: Provided that the Chairperson or the Member shal, unless he is permitied by the (Central Government o relinquish bis office sooner, continu to hold office unt the expiry of three months from the date of receipt of such notice or until a person duly appointed as his _Buccewor enters upon his office or until the expiry of i term of oie, whichever ia ealier. (@) The Central Government shall remove from office the Chairpersan or a Member who (4) hasbeen edjriged an isalvet, or (8) has been convicted of an offence which, inthe opinion of the Cental Government, involves moral turpitude; or (hus become physically or mentally incapable of acting as u Member; or (@)has cquired such financial or oter interes ais likey to affect prejuicially «bis futons a8 a Member (has 20 abuse his postion aso render his conineane in office detrimental to the pubic itaes: Provided that no Member shal be removed under cause (¢) or clause («) unless he has been given an oppotuity of being heard in the mate. 25.A person wh, imamediately before te date of assuring office asa Chairerton or «Member, wasin service ofthe Government, sal be deemed to have retired from service on the date on which he enters upon office as uch but his subsequent service asthe Caleperson ‘oF & Member shll be reckoned as continuing approved service counting for peosion in service to which he belonged. 26, fa perzn who, immediately before the date of suming office athe Chsirperson oc a Member was in receipt ofo being eligible wo to do, has opted to draw, a pension, other than a disability or wound pension in reapect of any previous service under the Central ‘Government, his nary in respec of service nthe Chairpetson ora Member sallbereduced— (0) bythe amount ofthat pension; and Chaiperin ened rete from Suspension of penton.Prohibition of ting a arbiter, Prohibition of actos Power of ‘Churpen. Officer end cher employees of, Cormsson. Applicaton for compensation before 10 THE GAZETTE OF INDIA EXTRAORDINARY. [Parr (@) ithe had, before essuming office, received, in lieu ofa portion ofthe pension {duo to him in respect of such previous service, the commuted value thereof, by the ‘tmount ofthat portion of the pension. 77, No person shall, while holding office as a Chairperson or a Member, act as an arbitrator in any matter 28, On ceasing to hold office, the Chairperson or a Member shall not appear, act or plead before the Commission. 29, The Chairperson shall have the power of superintendence in the general ‘administration ofthe Commission and exercise such powers as may be prescribed. ‘30. (J) The Central Government shall provide the Commission with such officers and’ other employees as it may doom ft. (2) The salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission shall be such as may be prescribed, 31. (1) Every application for compensation before the Commission for nuclear damage shall be made in such form, containing such particulars and accompanied by such documents, ‘as may be prescribed. 2) Subject tothe provisions of section 18, every application under sub-section (1) shall be made within a period of three years from the date of nowiodge of nuclear damage by the person suffering such damage. ‘32. (1) The Commission shall have original jurisdiction to adjudicate upon every application for compensation filed before it under sub-section (1) of section 31 or transferred to it under section 33, asthe case may be. (2) Upon transfer of cases tothe Commision under section 33, the Commission shall hear such applications from the stage at which it was before such transfer. (2) The Chairperson may constitute benches comprising of not more than three Members ofthe Commission forthe purpose of hearing of claims and any decision thereon, shall be rendered by a majority ofthe Members hearing such claims. (0 Te Commision sal not be bound byte poets aid down inte Cate of ii Procedure, 1908 but shall be guided by the principles of natural justice and subject to the ‘other provisions ofthis Act and of any rules made thereunder, the Commission shall have the ‘power to reguate its own procedure including the places andthe times at which it shall have its sittings. (3) The Commission shall have, forthe purposes of discharging its functions under this Act, the same powers as are vested ina civil court under the Code of Civil Procedure, 1908, while trying a suit, in reapect of the following matters, namely: (summoning and enforcing the atendance ofany person and examining him, on oath; (6) the discovery and production of documents; (© receiving evidence on afidavies; (2) requiitioning any public record or copie thereof from any court o office; {) issuing of commission for the examination of any witness; () any other matter which may be prescribed, (©) The Comission shall, aftr giving notice of application tothe operator and after affording an opportunity of being heard tothe parties, dispose of such application within & ‘period of three months from the date of such roceipt and make an award accordingly. 5 of 1908, $.0¢ 1908,5 1908 45 of 1800. sect ‘THE GAZETTE OF INDIA EXTRAORDINARY u (7) Wile making an award under this section, the Commision shall not tke into ‘consideration any benefit, reimbursement or amount received bythe applicant in pursuance of any contac of insurance or otherwise (2) Where an operator is likely to remove or dispose of his property with the object of ‘evading payment by him ofthe amount of the award, the Commission may, in accordance with the provisions of rues Ito 4 of Order XXX of the Fire Schedule to the Code of Civil Procedure, 1908, grant a temporary injunction to restrain such act. (9) The Commission sll arange to deliver copies ofthe award tothe parties concerned within a petiod of fifteen days from the dat of such award (U0) Every award made under sub-section (6) shall be final. 33. Every application for compensation pending before the Claims Commissioner immediately before the date of establishment ofthe Comumission under section 19 shall stand ‘eanaferred on that date to the Commission. 34. Every proceeding before the Claims Commissioner or the Commission undar this ‘Act shal be deemed to be judicial proceeding within the meaning of sections 193, 219 and 228 of, and forthe purposes of section 196 of, the Indian Penal Code. 3. Save ns otherwise provided in section 46, no civil court (except the Supreme Court anda High Court exercising jurisdiction under articles 26 and 227 of the Constitution) shall have jurisdiction to entertain any mut or proceedings in respect of any matter which the Claims Commissioner of the Commission, asthe case may be, is empowered to adjudicate ‘under this Act and no injunction shall be granted by any court or other authority in respect ‘of any action taken oto be taken in pursuance of any power confered by or under this Act. ‘36, (J) When an award is made under sub-section (J) of section 16 or under sub- section (6) of section 32, (6) the Insurer or any porton, asthe case may be, who under the contract of ‘insurance or financial security under section 8 is required to pay any amount in terms of such award and to the extent of his liability under such contract, shall deposit that amount within such time and in such manner as the Claims Commmiasioner or the ‘Commision, ste case maybe, may dst and (0) the operator shall, subject to the maximum liability specified under sub- section (2) of section 6, deposit the remaining amount by which such award exceeds _ the amount deposited under clase (c). (2) Where any person referred to in sub-section (1) fails to deposit the amount of ‘ward within the period spected inthe award, such amount sll be recoverable fom such person as arears of land revenue. (3) The amount deposited under sub-section (/) shall be disbursed to such person as ‘may be specified in the award within a period of fifteen days from the date of such deposit. 37. The Commission shall prepare, in such form anda such nein each financial year, ssmay be preseribed, an annual report giving full acount of ts wctivties during that financial year and submits copy thereof othe Central Government which shall cause the same to be, Inid before each House of Parliament. ‘38, (1) Where the Central Government is satisfied that the purpose for which the ‘Commission established under section 19 has served its purpose, ar where the number of cases pending before such Commission is ao less that it would not justify the cost ofits continued fiction, or where it considers necessary or expedient s0 to do, the Central Government may, by notifieation, diasolve the Commission. if inewaiaOftences tnd penalties, ‘onences ty companies, 12 ‘THE GAZETTE OF INDIA EXTRAORDINARY [Paxr— (2) With effect from the date of notification of dissolution of Commission under sub-section (1), —~ (@) the proceeding, ifany, pending before the Commission as onthe date of such ‘notification shal be transferred to the Ciaims Commissioner to be appointed by the ‘Central Government under sub-section (2) of section 9; (}) the Chairperson and all Members ofthe Commission shall be deemed to have. ‘vacated their offices as such and they shall not be entitled to any compensation for: premature termination of their office; (©) officers and other employees ofthe Commission shall be transferred to such other authority or offices of the Central Government, in such manner, as may be prescribed: Provided that the officers and other employees so transferred, shall be entitled to the same terms and conditions of service as would have been held by them in the Commission: . Provided further that where an officer or an employee of the Commission refuses 1g join the services in such other authority or office, he shal! be deemed to have resigned and shall not be entitled to any compensation for premature termination of contract of service; (@) all assets and liabilities of the Commission shall vest in the Central Government. i (3) Notwithstanding the dissolution ofthe Commission under sub-section (1), anything ) the manner of transfer of officers and other employees of the Commission ' under clause (c) of sub-section (2) of section 38. (9) Every rule made under this Act by the Central Government shall be Ind, s 3000 81 ‘ay be after it is made, before each House of Parliament, while its in session, fora total period of thirty days which may be comprised in one season or in two oF more successive sessions, and if, before the expiry of the session immediately following the seasion or successive seasions aforesaid, both Houses agre in making any modification inthe rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only {in such modified form or be of no effect, asthe case may be; 4, however, that any such ‘modification or annulment shall be without prejudice tothe validity of anything previously done under that rue, 1) If any difficulty arises in giving effect to the provisions ofthis Act, the Central ‘Government may, by order published in the Official Gazette, make such provisions, not ‘inconsistent withthe provisions ofthis Act, as appear to itt be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of thee years from the commencement of his Act. steam agen nes dap m po tate cemmeRRNE fs emanate ennemeeNe stent,Sec. 1] ‘THE GAZETTE OF INDIA EXTRAORDINARY 1s (2) Every order mado under tia ection shal, ax oon as may be after it is made, be laid before each House of Parliament. V.K. BHASIN, Secy. to the Gon. of India. PRINTED BY Tak GENERAL MANAGE, OOVT. OF INDIA PRESS, MOTO ROAD, NEW DEL AND IPUOLIDHED BY Miz CONTROLLER OF PUBLICATIONS, DELIE-250. GaraPMRND—40000KS5)-24.002010.