Section 49 of The Civil Liability for Nuclear Damage Act, 2010
- (1)If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act.
- (2)Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Summary
- The Central Government can make necessary provisions or adjustments by publishing an order in the Official Gazette, which is the public journal of the government.
- Any difficulty-removal order made by the government must be consistent with the existing provisions of the Act, meaning it cannot contradict the law.
- The power to issue these orders is temporary and expires three years after the Act or its specific provision comes into force.
- Every order made under this section must be presented to both Houses of Parliament as soon as possible after it is made.
Practical examples
FAQ
1. Who has the power to issue orders to remove difficulties under Section 49?
Only the Central Government has the power to make and publish these orders in the Official Gazette.
2. Is there a time limit for the Central Government to use this power?
Yes, the Central Government cannot make any difficulty-removal order after three years have passed from the commencement (the official start date) of the Act.
Test yourself
Q1.Under Section 49 of The Civil Liability for Nuclear Damage Act, 2010, what is the strict time limit for the Central Government to make an order to remove implementation difficulties?
Q2.If a practical problem arises in executing the law, what is a key legal restriction on the orders the Central Government can issue under Section 49 of The Civil Liability for Nuclear Damage Act, 2010?
Q3.Under Section 49 of The Civil Liability for Nuclear Damage Act, 2010, what must the Central Government do immediately after making an order to remove a difficulty?
Q4.Under Section 49 of The Civil Liability for Nuclear Damage Act, 2010, the three year limit to remove difficulties runs from the commencement of the Act. How does Section 1 of the Act affect how this three year window is calculated if different provisions start on different dates?