NUCLEAR DAMAGE CLAIMS COMMISSIONCentral

Section 33 of The Civil Liability for Nuclear Damage Act, 2010

Every application for compensation pending before the Claims Commissioner immediately before the date of establishment of the Commission under section 19 shall stand transferred on that date to the Commission.

Summary

Every pending compensation application before a Claims Commissioner is automatically moved to the Commission.
This transfer happens immediately on the date the Commission is established by the Central Government under Section 19.
It prevents double proceedings and ensures that the Commission becomes the sole authority for these active cases once set up.

Practical examples

1Meera had an active claim for personal injury pending before the Claims Commissioner in Chennai. On October 1, 2023, because of the high number of claims from a recent incident, the Central Government established the Nuclear Damage Claims Commission under Section 19. On that exact day, Meera's case automatically transferred to the Commission.

2Rajesh filed a claim for livestock loss with the local Claims Commissioner on June 5, 2024. Before his case could be decided, the Government issued a notification establishing the Commission on July 20, 2024. Rajesh does not need to re-file his claim, as it stands transferred to the Commission on July 20, 2024.

FAQ

1. Do I need to file a new application or pay extra fees if my case is transferred under Section 33?

No, the law states that pending cases "shall stand transferred," which means the transfer is automatic and happens by operation of law on the date the Commission is established.

2. What triggers the transfer of cases from a Claims Commissioner to the Commission?

The transfer is triggered by the establishment of the Commission under Section 19, which happens when the Central Government decides that public interest requires a Commission instead of a Claims Commissioner to decide nuclear damage claims.

Test yourself

Q1.Under Section 33 of The Civil Liability for Nuclear Damage Act, 2010, what happens to compensation applications pending before a Claims Commissioner when the Commission is established under Section 19?

Q2.Under Section 33 of The Civil Liability for Nuclear Damage Act, 2010, what determines the exact date on which pending applications are transferred to the Commission?

Q3.Under Section 33 of The Civil Liability for Nuclear Damage Act, 2010, which authority is responsible for establishing the Commission that triggers the transfer of pending cases?

Q4.Under Section 33 of The Civil Liability for Nuclear Damage Act, 2010, how does the automatic transfer affect the status of a pending claim?

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