Section 46 of The Civil Liability for Nuclear Damage Act, 2010
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt the operator from any proceeding which might, apart from this Act, be instituted against such operator.
Summary
- The provisions of this Act are in addition to any other laws that are currently in force.
- This Act does not replace, cancel, or weaken other laws.
- Operators are not exempt from other legal proceedings that could be filed against them outside of this Act.
Practical examples
FAQ
1. Does this Act replace other environmental or safety laws in India?
No, the Act is in addition to, and not in derogation of, any other law currently in force.
2. Can an operator be sued under other laws if they have already paid compensation under this Act?
Yes, nothing in this Act exempts the operator from any other legal proceedings that can be filed against them.
3. What does the term "not in derogation of" mean in Section 46?
It means the Act does not take away from, weaken, or cancel the authority of other laws.
Test yourself
Q1.Under Section 46 of The Civil Liability for Nuclear Damage Act, 2010, how do the provisions of this Act interact with other existing laws?
Q2.Under Section 46 of The Civil Liability for Nuclear Damage Act, 2010, what is the legal status of an operator regarding other proceedings?
Q3.What does "not in derogation of" mean as used in Section 46 of The Civil Liability for Nuclear Damage Act, 2010?
Q4.If an operator is sued under a general environmental protection law for a nuclear incident, can they use The Civil Liability for Nuclear Damage Act, 2010 to block that suit?