PAR-LD NUCLEAR 3LST

The Committee also observed that the definition of the
term 'operator' as provided in Clause 2(1) of the Bill is "not
clear".
It recommended that the clause may be modified as
"Operator, in relation to a nuclear installation, means the
person designated by the Central government as per Section
3(A) of the Atomic Energy act, 1962 as the operator of that
installation."
The Committee also recommended modification of Clause 6(1)
of the Bill which talks about the limit of liability in
respect of each nuclear incident.
Clause 6(1) in the original bill says "the maximum amount
of liability in respect of each nuclear incident shall be the
rupee equivalent of three hundred million Special Drawing
Rights'.
As per the recommendation, it should be modified as - "the
maximum amount of liability in respect of each nuclear
incident shall be the rupee equivalent of three hundred
million Special Drawing Rights or such higher amount as may be
notified by the Central government from time to time."
The committee termed as "not justified" the proviso to
Clause 6(2) of the Bill which gives power to the central
government to either increase or decrease the amount of
liability of the operator by notification, having regard to
the extent of risk involved in a nuclear installation.
Asserting that the decrease in liability cannot be
accepted, the Committee "recommends that while government may
increase the amount, in no case it should decrease it."
At the same time, the Committee noted that high level of
financial security may not be required for many research
reactors which are small and other facilities such as fuel
fabrication, reprocessing, transportation.
In this regard, it said the government, if required, may
create a separate category for such facilities based on the
extent of risk involved.
The Committee also recommended that the compensation
amount should be determined by an officer not less than the
rank of Additional Secretary to Government of India or a
judicial authority of a similar rank, instead of an officer of
the rank of a Joint Secretary as proposed in the bill. PTI AKK
RET
MYR


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