Section 3: Atomic energy regulatory board to notify incident
(1) The Atomic Energy Regulatory Board constituted under the Atomic Energy Act, 1962 (33 of 1962) shall, within a period of fifteen days from the date of occurrence of a nuclear incident, notify such nuclear incident:
Provided that where the Atomic Energy Regulatory Board is satisfied that the gravity of threat and risk involved in a nuclear incident is insignificant, it shall not be required to notify such nuclear incident.
(2) The Atomic Energy Regulatory Board shall, immediately after the notification under sub-section (1) is issued, cause wide publicity to be given to the occurrence of such nuclear incident, in such manner as it may deem fit.
Section 4 :liability of operator
(1) The operator of the nuclear installation shall be liable for nuclear damage caused by a nuclear incident--
(a) in that nuclear installation; or
(b) involving nuclear material coming from, or originating in, that nuclear installation and occurring before--
(i) the liability for nuclear incident involving such nuclear material has been assumed, pursuant to a written agreement, by another operator; or
(ii) another operator has taken charge of such nuclear material; or
(iii) the person duly authorised to operate a nuclear reactor has taken charge of the nuclear material intended to be used in that reactor with which means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; or
(iv) such nuclear material has been unloaded from the means of transport by which it was sent to a person within the territory of a foreign State; or
(c) involving nuclear material sent to that nuclear installation and occurring after--
(i) the liability for nuclear incident involving such nuclear material has been transferred to that operator, pursuant to a written agreement, by the operator of another nuclear installation; or
(ii) that operator has taken charge of such nuclear material; or
(iii) that operator has taken charge of such nuclear material from a person operating a nuclear reactor with which a means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; or
(iv) such nuclear material has been loaded, with the written consent of that operator, on the means of transport by which it is to be carried from the territory of a foreign State.
(2) Where more than one operator is liable for nuclear damage, the liability of the operators so involved shall, in so far as the damage attributable to each operator is not separable, be joint and several:
Provided that the total liability of such operators shall not exceed the extent of liability specified under sub-section (2) of section 6.
(3) Where several nuclear installations of one and the same operator are involved in a nuclear incident, such operator shall, in respect of each such nuclear installation, be liable to the extent of liability specified under sub-section (2) of section 6.
(4) The liability of the operator of the nuclear installation shall be strict and shall be based on the principle of no-fault liability.
Explanation.--For the purposes of this section,--
(a) where nuclear damage is caused by a nuclear incident occurring in a nuclear installation on account of temporary storage of material-in-transit in such installation, the person responsible for transit of such material shall be deemed to be the operator;
(b) where a nuclear damage is caused as a result of nuclear incident during the transportation of nuclear material, the consignor shall be deemed to be the operator;
(c) where any written agreement has been entered into between the consignor and the consignee or, as the case may be, the consignor and the carrier of nuclear material, the person liable for any nuclear damage under such agreement shall be deemed to be the operator;
(d) where both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident or, jointly by a nuclear incident and one or more other occurrences, such other damage shall, to the extent it is not separable from the nuclear damage, be deemed to be a nuclear damage caused by such nuclear incident.
Section 5. Operator not liable in certain circumstances.
(1) An operator shall not be liable for any nuclear damage where such damage is caused by a nuclear incident directly due to-
(i) a grave natural disaster of an exceptional character; or
(ii) an act of armed conflict, hostility, civil war, insurrection or terrorism.
(2) An operator shall not be liable for any nuclear damage caused to--
(i) the nuclear installation itself and any other nuclear installation including a nuclear installation under construction, on the site where such installation is located; and
(ii) to any property on the same site which is used or to be used in connection with any such installation; or
(iii) 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 a nuclear damage shall not have the effect of reducing the amount of his liability in respect 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 account of his own negligence or from his own acts of commission or omission, the operator shall not be liable to such person.
Section 9:Compensation for nuclear damage and its adjudication.
(1) 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 claims 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
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Liability in each nuclear incident
In respect of nuclear reactor having thermal power equal to or above 10MW Rs 1,500cr
In respect of spent fuel reprocessing plants, Rs 300 cr
Have any incident occurred yet?
Chernobyl disaster in Ukraine in 1986,
Fukushima Daiichi disaster in Japan in 2011, and the
Three Mile Island accident in the United States in 1979.
What is a Nuclear plant ?
A nuclear power plant, also known as a nuclear reactor or nuclear power station, is a facility that generates electricity through the controlled use of nuclear reactions. These reactions typically involve the process of nuclear fission, where the nucleus of an atom is split into two smaller nuclei, releasing a large amount of energy in the form of heat.
The heat produced by nuclear fission is used to create steam, which then drives turbines connected to generators, producing electrical power. Nuclear power plants are designed to operate safely and efficiently while minimizing the risks associated with radioactive materials.
It's worth noting that nuclear power plants require strict safety measures and regulations to prevent accidents and ensure the proper handling of radioactive materials throughout their operational lifecycle.
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