BJP objects to change in N-Bill, Cabinet rethinks

After agreeing with Congress on changes in the Nuclear Liability Bill, BJP on Monday opposed an amendment carried out in the final report of the Standing Committee, saying it dilutes provisions relating to "suppliers" obligations in case of an accident.

The party has made it clear that if the government does not not drop its proposed amendment, which it considers as harmful, it would itself move an amendment.

In a note to the government, the main opposition party expressed objection to the addition of the word "and" in the proposed legislation after Clause 17(a) dealing with the right of recourse of an operator of a nuclear plant and a subsequent sub-clause that deals with the suppliers obligations in case of an accident.

Clause 17 says that "The operator of a nuclear installation shall have a right of recourse where -- (a) such right is expressly provided for in a contract in writing".

The BJP contended that the "efficacy and utility of Clause 17 (b)  on the supplier is completely destroyed by the Supplier not agreeing to an agreement in writing. Thus, what Clause 17(b) gives as a protection to the operator, the word 'and' snatches it away".

The report of Standing Committee on Science and Technology, which examined the Civil Liability for Nuclear Damages Bill 2010, recommended that Clause 17(a) which reads may end with the word "and".

It also proposed modification of Clause 17(b) to say "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".

The Committee also recommended that the operator "must secure his interest through appropriate provisions in the contract with the supplier".

"The inclusion of 'and' in the amended draft Bill weakens clause 17(a). It appears the word was clumsily added in the Bill," Leader of Opposition in Lok Sabha Sushma Swaraj said.

"Since the nuclear power plants are to be operated only by the government or government companies, it would be to our own advantage to delete the word 'and'," said the BJP note handed over to Minister of State for Science and Technology Prithviraj Chavan by party leader Arun Jaitley.

Chavan did not give any assurance, sources said.

However, the amendments suggested by the Parliamentary Standing Committee on nuclear liability bill are expected to be considered by the Union Cabinet on Tuesday.

The Standing Committee on Science and Technology, which examined Civil Liability for Nuclear Damage Bill, 2010 for over two months, presented its report to both Houses of Parliament today.

The report addresses major concerns of BJP as it recommended provision for "clear-cut" accountability of suppliers for any mishap involving an atomic plant and raise of compensation cap from Rs 500 crore to Rs 1,500 crore among various amendments.

This paved the way for early enactment of nuclear liability law, which is crucial for operationalisation of India's nuclear deals with various countries.

After approval of the amendments in the bill by the Cabinet, 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.