CLND rules dilute stringent provisions of law: Par panel

The Lok Sabha Committee on Subordinate Legislation, headed by CPI-M leader P Karunakaran, also pulled up the Department on Atomic Energy (DAE) for the 13-month delay in framing the rules of the Civil Liability for Nuclear Damage (CLND) Act.

Contending that the CLND Rules dilute the stringent liability provisions of the law by imposing limitations in terms of duration and amount on the operator's right to recourse, the committee recommended suitable amendments.

The CLND Act was passed by Parliament in August 2010 and received assent from the President on September 21, 2010. The rules for implementing the Act were notified on November 11, 2011.

The Committee also suggested that a nuclear incident should be notified by the government in the "shortest possible time in a war footing" notwithstanding the 15 days time limit stipulated in the Act.

"The Committee is of the firm view that Rule 24 has inserted limitations not mandated by the CLND Act... The Committee, therefore, exhorts DAE to amend rule 24 suitably to remove the limitations imposed on the liability as well as the duration of the liability period," the report said.

Rule 24(2) imposes restrictions in terms of time period during which the liability is applicable -- five years or the product liability period which ever is longer.

The DAE had contended that the Atomic Energy Regulatory Board (AERB) gave licenses for products for a limited period after which the same has to be renewed to ensure healthy condition of the plant. (MORE)