Civil Liability for Nuclear Damage Act, 2010

32. Adjudication procedure and powers of Commission. –

1.      The Commission shall have original jurisdiction to adjudicate upon every application for compensation filed before it under sub-section (1) of section 31 or transferred to it under section 33, as the case may be.

2.      Upon transfer of cases to the Commission under section 33, the Commission shall hear such applications from the stage at which it was before such transfer.

3.      The Chairperson may constitute benches comprising of not more than three Members of the Commission for the purpose of hearing of claims and any decision thereon shall be rendered by a majority of the Members hearing such claims.

4.      The Commission shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made there under, the Commission shall have the power to regulate its own procedure including the places and the times at which it shall have its sittings.

5.      The Commission shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 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.

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6.      The Commission shall, after giving notice of application to the operator and after affording an opportunity of being heard to the parties, dispose of such application within a period of three months from the date of such receipt and make an award accordingly.

7.      While making an award under this section, the Commission shall not take into consideration any benefit, reimbursement or amount received by the applicant in pursuance of any contract of insurance or otherwise.

8.      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 Commission 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, grant a temporary injunction to restrain such act.

9.      The Commission shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award.

10.   Every award made under sub-section (6) shall be final.

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