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Rediff.com  » News » Nuclear liability bill: Govt hopeful of resolving differences

Nuclear liability bill: Govt hopeful of resolving differences

By Renu Mittal
August 23, 2010 23:24 IST
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The United Progressive Alliance government says it will table the civil nuclear liability bill in the Lok Sabha on Wednesday, but before that it hopes to resolve the continuing differences with the opposition parties over the wordings of some key aspects of the bill.

Sources say they do not have to go back to the Union Cabinet for any further proposed changes but would merely move an amendment on the floor of the House, which could be incorporated in the bill.

Union Minister for Science and Technology Prithviraj Chavan met senior Bharatiya Janata Party leaders Arun jaitley and S S Ahluwalia on Monday over the differences and after that he spoke to both Prime Minister Dr Manmohan Singh and Finance Minister Pranab Mukherjee to incorporate the suggestions of the BJP leaders and clear the decks for the bill to be moved on Wednesday.

It is learnt that PM has given Chavan a blank cheque with which to resolve the issue and bring it to the House.

Chavan is expected to meet the Left leaders on Tuesday for their suggestions and it is only after that the government would make the required changes.

Sources say that the BJP leaders made four suggestions to Chavan. The first and the second relate to amendments in the language, the third is to send it back to the standing committee and the fourth is to 'incorporate the intent of 17 B in the supplier operator contract.'

It is learnt that the government has said it is willing for any of the opposition's suggestions, including agreeing to modifications in the draft.

Chavan said the government is 'ready to discuss any formulation with any modification.'

The main tug of war is over the Clause 17 B, which has become a bone of contention. According to the original bill which was introduced in the Lok Sabha, the Clause 17 says: The operator of a nuclear installation shall have a right of recourse where -- a. such right expressly provided for in a contract in writing, b. the nuclear incident has resulted from the willful act or gross negligence on the part of the supplier of the material, equipment or services, or of his employee and c. the nuclear incident has resulted from the act of commission or omission of a person done with the intent to cause nuclear damage.

According to the recommendation of the standing committee, clause 17 a. says such right expressly provided for in a contract in writing and b. 'the nuclear incident has resulted as a consequence of latent or patent defect, supply of sub standard material, defective equipment or services or from the gross negligence on the part of the supplier of the material, equipment or services.'

And the official amendment as approved by the Cabinet reads in clause 17. The operator of the nuclear installation, after paying the compensation for nuclear damage in accordance with section 6, shall have a right of recourse where--- a. such right is expressly provided for in a contract in writing; b. the nuclear incident has resulted as a consequence of an act of supplier or his employees, done with the intent to cause nuclear damage, and such act includes supply of equipment or material with patent or latent defects or sub standard services; and c. the nuclear incident has resulted from the act of commission or omission of an individual done with the intent to cause nuclear damage.

The BJP and the Left parties are now objecting to the word "intent" with the government hopeful that after a suitable dialogue it would be able to bring all parties on board and ensure that a consensus is evolved on the issue.

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Renu Mittal