New Delhi, August 25: The government on Wednesday would present the civil nuclear liability bill in Parliament.
The Minister of State for Science and Technology Prithviraj Chavan reached out to the Bharatiya Janata Party and Left Parties in last two days to consider their views.
A day after Chavan met the senior leader of Bharatiya Janata Party Arun Jaitely, he had a meeting with CPI(M) Politburo member Sitaram Yechury on Tuesday.
“The Minister appeared willing to consider our points of view, especially those relating to the suppliers’ liability. But we have to see the fine-print of the proposed legislation,” Yechury told media persons after the meeting.
Chavan on Monday said that the government would consider amendments in the bill moved by the BJP and Left parties “We are prepared to discuss any formulation with modifications and consider any suggestion,” Chavan said.
Also read: Govt ready to discuss modifications to N-Bill
He expressed confidence about passage of the bill “with support of major parties”.
The minister said that clause 17(b) goes further than laws of 28 countries who have a civil nuclear regime in place, and brings in criminal liability. “None of the regimes has criminal liability in their law,” he said.
He said the country has witnessed the Bhopal gas leak case and the government had agreed to several amendments to improve the original legislation.
He said the official amendment to the clause as approved by the cabinet was “distilled wisdom” of the provision contained in the original bill and the standing committee report but the government was willing to consider any amendments.
He said that any such amendment accepted by the government during discussion on the bill in the parliament can be got approved by the cabinet, post-facto.
In the original bill, clause 17(b) says that operator of the nuclear installation shall have a right to recourse when such a right is expressely provided in the contract in writing; the nuclear accident has resulted from the willful act or gross negligence on the part of supplier of material, equipment or services or of his employee; the nuclear accident has resulted from the act of commission or omission of a person done with the intent to cause nuclear damage.
The standing committee report says that the operator will have right of course when such a right is expressly provided for in a contract in writing; and the nuclear accident has resulted as a consequence of the latent or patent defect, supply of substandard material, defective equipment or services or from the negligence on the part of the supplier of material, equipment or services.
The official amendment, approved by the cabinet on Friday, says that the operator of nuclear installation, after paying compensation for nuclear damage in accordance of Section 6, shall have a right to recourse where such a right is expressly provided for in a contract in writing; the nuclear incident has resulted as a consequence of an act of supplier or his employee, done with the intent to cause nuclear damage and such act includes supply of material or equipment with patent or latent defects or substandard services; the nuclear incident has resulted from the act of omission or commission of an individual done with the intent to cause nuclear damage.
The standing committee recommendation to have a word “and” before its second suggestion was not accepted by the Cabinet following opposition furore.
However, the words “with the intent to cause nuclear damage” in the official amendment again raised the opposition heckles with the leaders asserting that it will be difficult to prove suppliers malafide intent.
—Agencies