Section 1 of The Civil Liability for Nuclear Damage Act, 2010
- (1)This Act may be called the Civil Liability for Nuclear Damage Act, 2010.
- (2)It extends to the whole of India.
- (3)It also applies to nuclear damage suffered--
- (a)in or over the maritime areas beyond the territorial waters of India;
- (b)in or over the exclusive economic zone of India as referred to in section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);
- (c)on board or by a ship registered in India under section 22 of the Merchant Shipping Act, 1958 (44 of 1958) or under any other law for the time being in force;
- (d)on board or by an aircraft registered in India under clause (d) of sub-section (2) of section 5 of the Aircraft Act, 1934 (22 of 1934) or under any other law for the time being in force;
- (e)on or by an artificial island, installation or structure under the jurisdiction of India.
- (4)It applies only to the nuclear installation owned or controlled by the Central Government either by itself or through any authority or corporation established by it or a Government company. Explanation.--For the purposes of this sub-section, "Government company" shall have the same meaning as assigned to it in clause (bb) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 (33 of 1962).
- (5)It shall come into force on such date1 as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Summary
- The Act is called the Civil Liability for Nuclear Damage Act, 2010.
- It extends to the whole of India.
- It also applies to nuclear damage suffered in or over maritime areas beyond the territorial waters of India, in or over the exclusive economic zone of India, on board or by an Indian-registered ship or aircraft, or on or by an artificial island under Indian jurisdiction.
- It applies only to nuclear installations owned or controlled by the Central Government, either directly, through an authority or corporation established by it, or through a Government company.
- It comes into force on such date as the Central Government may appoint by notification, and different dates may be appointed for different provisions.
Practical examples
FAQ
1. Does this Act cover nuclear installations owned by private companies?
No, the Act only applies to nuclear installations that are owned or controlled by the Central Government, either directly, through an authority or corporation established by it, or through a Government company.
2. If an incident happens on an Indian aircraft flying over another country, does this Act apply?
Yes, the Act applies to nuclear damage suffered on board or by an aircraft registered in India under the Aircraft Act, 1934, or under any other law in force.
3. When did this Act come into force?
The Act comes into force on such date as the Central Government may appoint by notification, and different dates may be appointed for different provisions of this Act.
4. Does the Act apply to the exclusive economic zone of India?
Yes, the Act explicitly applies to nuclear damage suffered in or over the exclusive economic zone of India.
Test yourself
Q1.Under Section 1 of The Civil Liability for Nuclear Damage Act, 2010, which of the following installations is covered?
Q2.Under Section 1 of The Civil Liability for Nuclear Damage Act, 2010, if nuclear damage is suffered on an aircraft, under what condition do the rules of Section 1 apply?
Q3.Under Section 1 of The Civil Liability for Nuclear Damage Act, 2010, how does the legislation come into force?
Q4.Under Section 1 of The Civil Liability for Nuclear Damage Act, 2010, what is the geographical extent of application inside the country?