(1) Notwithstanding anything contained in this Act, the operator of the nuclear installation shall be liable for nuclear damage caused by a nuclear incident––
(a) in that nuclear installation; or
(b) involving nuclear material transported from that nuclear installation and occurring before–– Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1313
(i) the liability for nuclear incident involving such nuclear material has been assumed, pursuant to a written agreement by another operator;
(ii) another operator has taken custody of such nuclear material;
(iii) the person duly authorised to operate a reactor has taken custody of the nuclear material intended to be used in such reactor comprised in any means of transport; or
(iv) such nuclear material has been unloaded from the means of transport by which it was sent to a person within the territory of a foreign State;
(c) involving nuclear material transported to that nuclear installation and occurring after—
(i) the liability for nuclear incident involving such nuclear material has been transferred to that operator, pursuant to a written agreement, by the operator of another nuclear installation;
(ii) that operator has taken custody of such nuclear material;
(iii) that operator has taken custody of such nuclear material from a person operating a reactor comprised in any means of transport;
(iv) such nuclear material has been loaded, with the written consent of that operator, on the means of transport by which it is to be carried from the territory of a foreign State.
(2) Where more than one operator is liable for nuclear damage, the liability of the operators so involved shall, in so far as the damage attributable to each operator is not separable, be joint and several:
Provided that the total liability of such operators shall not exceed the extent of liability specified in the Second Schedule.
(3) Where several nuclear installations of one and the same operator are involved in a nuclear incident, such operator shall, in respect of each such nuclear installation, be liable to the extent of liability specified in the Second Schedule.
(4) For the purposes of this section,—
(a) where nuclear damage is caused by a nuclear incident occurring in a nuclear installation on account of temporary storage of material-in-transit in such installation, the person responsible for transit of such material shall be deemed to be the operator;
(b) where a nuclear damage is caused as a result of nuclear incident during the transportation of nuclear material, the consignor shall be deemed to be the operator;
(c) where any written agreement has been entered into between the consignor and the consignee or the consignor and the carrier of nuclear material, as the case may be, the person liable for any nuclear damage under such agreement shall be deemed to be the operator;
(d) where both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident or, jointly by a nuclear incident and one or more other occurrences, such other damage shall, to the extent it is not separable from the nuclear damage, be deemed to be a nuclear damage caused by such nuclear incident.
14 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— 14 Operator not liable in certain circumstances.
Limits of liability for nuclear incident.
Liability of Central Government.