Decks cleared for N-liability bill passage

New Delhi, Aug 18 (PTI) Paving the way for early enactment
of nuclear liability law, an Indian Parliamentary Committee
Wednesday presented its report that addresses major concerns
of Bhartiya Janta Party as it recommended provision for
"clear-cut" accountability of suppliers for any mishap
involving an atomic plant.
The report of the Standing Committee on Science and
Technology was tabled in the Lower House Lok Sabha and the
Upper House Rajya Sabha amid uproar created by parties like
Rashtriya Janta Dal, Samajwadi Party and Left which alleged
that BJP had struck a deal with government in return for a
clean chit to Gujarat state Chief Minister Narendra Modi in
Sohrabuddin fake encounter case.
The report has notes of dissent from Communist Party of
India (Marxist) and Forward Bloc, which said that compensation
cap was "extremely low" and that the proposed legislation
favours foreign suppliers.
With the submission of the report on the bill that is
crucial for operationalisation of India's nuclear deals with
various countries, the proposed legislation is expected to be
passed during the current session of Parliament which ends on
August 27 but may be extended till August 31.
Among various recommendations, the Committee suggested
raise in the cap of compensation, to be given by the operator,
to Rs 1,500 crore from Rs 500 crore as provided in the
original bill, "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.
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 wilful 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 "wilful 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."
The Clause 17(B) gives "escape route to the suppliers of
the nuclear materials, equipments, services of his employees
as their wilful act or gross negligence would be difficult to
establish in a civil nuclear compensation case", it said.
This 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. (MORE) PTI SKU
KAB


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