Section 48 of The Civil Liability for Nuclear Damage Act, 2010
- (1)The Central Government may, by notification, make rules for carrying out the purposes of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing powers such rules may provide for --
- (a)the other financial security and the manner thereof under sub-section (1) of section 8;
- (b)the salary and allowances payable to and the other terms and conditions of service of Claims Commissioner under section 11;
- (c)the procedure to be followed by Claims Commissioner under sub-section (1) of section 12;
- (d)the person to be associated by Claims Commissioner and the manner thereof, under subsection (2) of section 12;
- (e)the remuneration, fee or allowances of associated person under sub-section (3) of section 12;
- (f)any other matter under clause (f) of sub-section (4) of section 12;
- (g)the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 15;
- (h)the salary and allowances payable to and other terms and conditions of service of Chairperson and other Members, under section 22;
- (i)the powers of Chairperson under section 29;
- (j)the salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission, under sub-section (2) of section 30;
- (k)the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 31;
- (l)any other matter under clause (f) of sub-section (5) of section 32;
- (m)the form and the time for preparing annual report by the Commission under section 37;
- (n)the manner of transfer of officers and other employees of the Commission under clause (c) of sub-section (2) of section 38.
- (3)Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Summary
- The Central Government has the power to make rules by notification for carrying out the purposes of the Act.
- These rules can specify the details of the financial security that operators must maintain under Section 8.
- These rules can specify the salary, allowances, and terms of service of the Claims Commissioner under Section 11.
- These rules can specify the adjudication procedures and expert association for the Claims Commissioner under Section 12.
- Rules made by the Central Government must be laid before both Houses of Parliament for thirty days while it is in session.
- If both Houses agree to modify or annul a rule within the specified time, the rule will only take effect in the modified form or have no effect.
Practical examples
FAQ
1. Who has the power to make rules under Section 48?
The Central Government has the power to make rules by publishing a notification in the Official Gazette.
2. How long must a rule be laid before Parliament before it is finalized?
It must be laid before both Houses of Parliament for a total period of thirty days.
3. Can Parliament modify or cancel a rule made by the Central Government under this Section?
Yes, if both Houses agree to modify the rule or agree that it should not be made, the rule will only take effect in the modified form or have no effect.
Test yourself
Q1.Under Section 48 of The Civil Liability for Nuclear Damage Act, 2010, which of the following is correct regarding the relationship between the rule-making power and the operator's obligation to maintain financial security under Section 8 of the Act?
Q2.Under Section 48 of The Civil Liability for Nuclear Damage Act, 2010, the Central Government has the power to make rules prescribing the salary and allowances of the Claims Commissioner (under Section 11) and the Chairperson and Members of the Commission (under Section 22). What is a key statutory distinction between these two sets of rules?
Q3.Under Section 48 of The Civil Liability for Nuclear Damage Act, 2010, how do the rules made by the Central Government control the inquiry procedure of the Claims Commissioner under Section 12?
Q4.Under Section 48(3) of The Civil Liability for Nuclear Damage Act, 2010, what must happen after the Central Government makes a rule and lays it before Parliament?
Q5.Under Section 48(1) of The Civil Liability for Nuclear Damage Act, 2010, which authority is empowered to make rules for carrying out the purposes of the Act, and how must they be published?