Section 12 in The Civil Liability for Nuclear Damage Act, 2010

Title: Adjudication procedure and powers of Claims Commissioner

Description: (1) For the purposes of adjudication of claims under this Act, the Claims Commissioner shall follow such procedure as may be prescribed. (2) For the purpose of holding inquiry, the Claims Commissioner may associate with him such persons having expertise in the nuclear field or such other persons and in such manner as may be prescribed. (3) Where any person is associated under sub-section (2), he shall be paid such remuneration, fee or allowance, as may be prescribed. (4) The Claims Commissioner shall, for the purposes of discharging his functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing of commission for the examination of any witness; (f) any other matter which may be prescribed. (5) The Claims Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)

Title: Inviting application for claims by Claims Commissioner

Description: After the notification of nuclear incident under sub-section (1) of section 3, the Claims Commissioner, having jurisdiction over the area, shall cause wide publicity to be given, in such manner as he deems fit, for inviting applications for claiming compensation for nuclear damage.

Title: Person entitled to make application for nuclear damage

Description: An application for compensation before the Claims Commissioner or the Commission, as the case may be, in respect of nuclear damage may be made by— (a) a person who has sustained injury; or (b) the owner of the property to which damage has been caused; or (c) the legal representatives of the deceased; or (d) any agent duly authorised by such person or owner or legal representatives.

Title: Procedure for making application before Claims Commissioner

Description: (1) Every application for compensation before the Claims Commissioner for nuclear damage shall be made in such form, containing such particulars and accompanied by such documents, as may be prescribed. (2) Subject to the provisions of section 18, every application under sub-section (1) shall be made within a period of three years from the date of knowledge of nuclear damage by the person suffering such damage.

Title: Award by Claims Commissioner

Description: (1) On receipt of an application under sub-section (1) of section 15, the Claims Commissioner shall, after giving notice of such application to the operator and affording an opportunity of being heard to the parties, dispose of the application within a period of three months from the date of such receipt and make an award accordingly. (2) While making an award under this section, the Claims Commissioner shall not take into consideration any benefit, reimbursement or amount received by the applicant in pursuance of contract of insurance taken by him or for members of his family or otherwise. (3) Where an operator is likely to remove or dispose of his property with the object of evading payment by him of the amount of the award, the Claims Commissioner may, in accordance with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), grant a temporary injunction to restrain such act. (4) The Claims Commissioner shall arrange to deliver copies of the award to the parties within a period of fifteen days from the date of the award. (5) Every award made under sub-section (1) shall be final.