Par panel for supplier liability in nuclear mishaps

New Delhi, Aug 18 (PTI) Addressing a major apprehension of
opposition, a Parliamentary Committee looking into the Nuclear
Liability Bill on Wednesday recommended inclusion of a clause
in the proposed legislation to make suppliers accountable for
any mishap involving an atomic plant.
The report of the Standing Committee on Science and
Technology, which was tabled in both Houses of Parliament,
also recommended raise in the cap of compensation, to be given
by the operator, from the original amount of Rs 500 crore to
1,500 crore, "specially keeping in view the present level of
inflation and the purchase value of the Indian currency."
The other amendments proposed in the Civil Liability for
Nuclear Damage Bill, 2010 include extension of the period of
claim in the event of nuclear accident from 10 years to 20
years, creation of a Nuclear Liability Fund and making a
specific mention that the operator of an atomic plant will be
only the government.
The report, which was tabled amid uproar created by Left
parties in the Rajya Sabha, has notes of dissent from Indian
political parties CPI(M) and Forward Bloc.
To hold the supplier accountable, the Committee said
Clause 17(B) needed to be rephrased as "the nuclear incident
has resulted as a consequence of latent or patent defect,
supply of sub-standard material, defective equipment or
services or from the gross negligence on the part of the
supplier of the material, equipment or services."
In the original bill, the Clause 17(B) said - "the nuclear
incident has resulted from the willful act or gross negligence
on the part of the supplier of the material, equipment or
services, or of his employee."
The committee observed that the words "willful act or
gross negligence" mentioned in the original bill were "vague"
and "hence there should be clear cut liability on the supplier
of nuclear equipments/material in case they are found to be
defective."
It noted that the Clause 17(B) gives "escape route to the
suppliers of the nuclear materials, equipments, services of
his employees as their willful act or gross negligence would
be difficult to establish in a civil nuclear compensation
case."
This clause was a major cause of dispute between the
government and the opposition parties, which were alleging
that it would allow foreign suppliers to go scot-free
particularly considering that India would be receiving
material and equipment from foreign companies.
The Committee also recommended that the operator, which
will be Indian government entity as per the present laws,
"must secure his interest through appropriate provisions in
the contract with the supplier". (MORE) PTI SKU RET
MYR


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