Section 12 of The Civil Liability for Nuclear Damage Act, 2010
- (1)For the purposes of adjudication of claims under this Act, the Claims Commissioner shall follow such procedure as may be prescribed.
- (2)For the purpose of holding inquiry, the Claims Commissioner may associate with him such persons having expertise in the nuclear field or such other persons and in such manner as may be prescribed.
- (3)Where any person is associated under sub-section (2), he shall be paid such remuneration, fee or allowance, as may be prescribed.
- (4)The Claims Commissioner shall, for the purposes of discharging his functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
- (a)summoning and enforcing the attendance of any person and examining him on oath;
- (b)the discovery and production of documents;
- (c)receiving evidence on affidavits;
- (d)requisitioning any public record or copies thereof from any court or office;
- (e)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 for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)
Summary
- The Claims Commissioner must follow the specific procedures prescribed by rules for resolving claims.
- The Claims Commissioner is authorized to associate nuclear experts or other qualified persons with the inquiry.
- Any experts or persons associated with the inquiry are paid remuneration, fees, or allowances as prescribed by rules.
- To perform their functions, the Claims Commissioner is granted the same powers as a civil court under the Code of Civil Procedure, 1908.
- These powers include summoning persons, demanding documents, receiving evidence on affidavits, requisitioning public records, and issuing commissions for witness examinations.
- The Claims Commissioner is legally deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Practical examples
FAQ
1. Does the Claims Commissioner have the power to force someone to testify?
Yes, the Claims Commissioner has the same powers as a civil court, including summoning and forcing witnesses to attend and examining them under oath.
2. What legal code gives the Claims Commissioner the powers of a civil court?
The Code of Civil Procedure, 1908, vests the Claims Commissioner with the powers of a civil court for specific judicial tasks.
Test yourself
Q1.Under Section 12 of The Civil Liability for Nuclear Damage Act, 2010, which code gives the Claims Commissioner the powers of a civil court while trying a suit?
Q2.Under Section 12 of The Civil Liability for Nuclear Damage Act, 2010, who can the Claims Commissioner bring in to assist during an inquiry?
Q3.Under Section 12 of The Civil Liability for Nuclear Damage Act, 2010, which of the following is NOT an explicit power granted to the Claims Commissioner?
Q4.Under Section 12 of The Civil Liability for Nuclear Damage Act, 2010, for what specific statutory purposes is the Claims Commissioner deemed to be a civil court?