Section 19 in The Civil Liability for Nuclear Damage Act, 2010

Title: Establishment of Nuclear Damage Claims Commission

Description: Where the Central Government, having regard to the injury or damage caused by a nuclear incident, is of the opinion that it is expedient in public interest that such claims for such damage be adjudicated by the Commission instead of a Claims Commissioner, it may, by notification, establish a Commission for the purpose of this Act.

Title: Composition of Commission

Description: (1) The Commission shall consist of a Chairperson and such other Members, not exceeding six, as the Central Government may, by notification, appoint. (2) The Chairperson and other Members of the Commission shall be appointed on the recommendation of a Selection Committee consisting of three experts from amongst the persons having at least thirty years of experience in nuclear science and a retired Supreme Court Judge. (3) A person shall not be qualified for appointment as the Chairperson of the Commission unless he has attained the age of fifty-five years and is or has been or qualified to be a Judge of a High Court: Provided that no appointment of a sitting judge shall be made except after consultation with the Chief Justice of India. (4) A person shall not be qualified for appointment as a Member unless he has attained the age of fifty-five years and— (a) has held or is holding or qualified to hold, the post of Additional Secretary to the Government of India or any other equivalent post in the Central Government and possesses special knowledge in law relating to nuclear liability arising out of nuclear incident; or (b) has been a Claims Commissioner for five years.

Title: Term of office

Description: The Chairperson or a Member, as the case may be, shall hold office as such for a term of three years from the date on which he enters upon his office and shall be eligible for reappointment for another term of three years: Provided that no person shall hold office as such Chairperson or Member after he has attained the age of sixty-seven years.

Title: Salary, allowances and other terms and conditions of service of Chairperson and Members

Description: The salary and allowances payable to and other terms and conditions of service, including pension, gratuity and other retirement benefits, of the Chairperson and other Members shall be such as may be prescribed: Provided that no salary, allowances and other terms and conditions of service of the Chairperson or other Members shall be varied to his disadvantage after his appointment

Title: Filling up of vacancies

Description: If, for reasons other than temporary absence, any vacancy occurs in the office of the Chairperson or Member, as the case may be, the Central Government shall appoint another person in accordance with the provisions of this Act to fill such vacancy and the proceedings may be continued before the Commission from the stage at which it was, before the vacancy is filled.

CHAPTER 5 NUCLEAR DAMAGE CLAIMS COMMISSION