N-liability bill makes Parl appearance, sheds controversial words

Govt tabled an amendment to clause 17(B) dropping the word intent

PTI | August 25, 2010



Government today dropped a controversial amendment to a contentious clause on the liability of suppliers in case of accident in the civil nuclear damages bill, virtually adopting an amendment moved by the Opposition BJP in a bid to evolve a consensus on the measure.

Moving the Civil Liability for Nuclear Damages Bill, 2010 in the Lok Sabha, Minister of State in the PMO Prithviraj Chavan, tabled an amendment to Clause 17(B) which now now does not not have the word "intent" with regard to suppliers or their employees in causing an accident in a nuclear plant.

The rephrased amendment now now reads "the nuclear incident has resulted as a consequence of an act of supplier or his employee, which includes supply of equipment or material with patent or latent defects or sub-standard services."

Significantly, the language matches the amendment moved by BJP leader Jaswant Singh, who today initiated discussion on the bill in the Lok Sabha.

The action of the government, which has tabled 18 amendments to the bill that was considered by a Standing Committee of Parliament, came after intense negotiations with the opposition.

Commending the bill to the House for its consideration, Chavan said the government had sought to evolve a broad consensus on the legislation by trying to take on board the concerns of opposition parties.

The original version of the amendment had come under sharp attack from the BJP and Left parties as it provided for proving the "intent" of a supplier of causing an accident if an operator were to claim compensation.

The parties had contended that it was impossible to prove an intent on the part of suppliers or their employees in case of an accident. .

After the Union Cabinet cleared amendments to the bill, Chavan held meetings leaders of BJP and Left and promised to rework the formulation of Clause 17 following stiff objections from the opposition.

The controversial word "intent" found its mention in an earlier government amendment, which was different from the one recommended by the Parliamentary Committee that examined the bill.

He also justified the addition of Clause 7, which provides for government assuming "full liability" for a nuclear installation not operated by it if it is of the opinion that it is necessary in public interest. This is aimed at taking insurance cover for a nuclear installation.

Chavan explained that the raise in the compensation cap from Rs 500 crore to Rs 1,500 crore matches a similar provision in the US.

Seeking the support of the House for the proposed law, which is crucial for India's nuclear deals with various countries, Chavan said the legislation is required for providing prompt compensation to victims in the event of a nuclear accident without having to go through legal processes.

Pressing his point, he cited the Bhopal gas leak case and said that in the absence of a relevant law, the victims had run from pillar to post and wait for long for compensation.

The minister said 28 nations having nuclear power generation had the liability law but India and Pakistan were the only two countries which did not have such a law.

Apparently rejecting criticism that the government was hustling with the bill ahead of US President Barrack Obama's visit to the country, he said "It (liability law) is only for protection of victims...It is certainly not to please any country or any leader."

He said the law will enable provision of "upfront compensation" to the victims without any litigation, cutting short jurisdiction of Indian courts. However, it would not bypass any other existing civil or criminal laws.

The role of each of the actors involved in the Indian nuclear programme -- operator, vendor, seller and government -- has to be codified and responsibility fixed on them, the minister said, adding "This is precisely what the bill seeks to achieve."

He noted that the bill involves technical, economic and legal dimensions and tried to take on board the concerns of all political parties.

Contending that there was "unprecedented consensus" among political parties over the bill, Chavan credited the predecessor NDA government with initiating the process of Indo-US civil nuclear deal.

"That (NDA) government could not complete the task. The task fell on us and are carrying it forward," he said.
 

Comments

 

Other News

First Magahi novel presents a glimpse of Bihar bureaucracy a century ago

Fool Bahadur By Jayanath Pati (Translated by Abhay K.) Penguin Modern Classics, 112 pages, Rs 250 “Bab

Are EVs empowering India`s Green Transition?

Against the backdrop of the $3.5 billion Production-Linked Incentive (PLI) scheme launched by the Government of India, sales of Electric Vehicles (EVs) are expected to grow at a CAGR of 35% by 2032. It is crucial to take into account the fact that 86% of EV sales in India were under the price bracket of $2

When Nandini Satpathy told Biju Patnaik: ‘I’ll sit on the chair you are sitting on’

Nandini Satpathy: The Iron Lady of Orissa By Pallavi Rebbapragada Simon and Schuster India, 321 pages, Rs 765

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter