This Article is From Aug 21, 2010

N-Liability Bill: 'And' the controversy continues, probe ordered into amendment

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New Delhi: The Cabinet may have approved the Nuclear Liability Bill with the amendment sought by the BJP and the Left but it seems the controversy won't end in a hurry. The government now says it didn't order the amendment to the bill.

In an unprecedented move, the chairman of Rajya Sabha has ordered a probe, in what is perhaps the first case of tampered Parliamentary committee report. This report pertains to fixing liability and ensure compensation for victims in case of a nuclear disaster so that another Bhopal doesn't occur.

NDTV has access to first draft of N-liability report. First draft of Standing Committe report on N-liability had the word "and" between Clause 17(A) and (B) which talks about the nuclear power plant operator's right to recourse for compensation from supplier in the event of an accident.

Sources in the government have told NDTV that the Government did not authorise the amendment, and now the Rajya Sabha probe will see if the amendment was unauthorised. (Read: Govt drops contentious word in N-Liability Bill)

The recommendation for addition of the word, by the Standing Committee had triggered objections from BJP and Left parties which said it would dilute the operator's right to seek compensation from the supplier. The committee had recommended that the Clause 17 shouldbe read as "the operator of a nuclear installation shall have the right of recourse where -- (A) "such right is 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."

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Instead, the government decided to preface the Clause 17 with the wording that the operator could, after compensating the victims, exercise the right of recourse against the supplier. This is aimed at addressing the concerns that the BJP and Left had over clubbing of the clause.
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