Facing flak from Opposition for attempting to dilute the provisos under the Nuclear Liability Bill, the central government toned it up with some amendments, after which the cabinet cleared it. Today, the bill will be tabled in Parliament for its approval .
The Cabinet committee meeting chaired by Prime Minister Manmohan Singh approved all the recommendations of the Parliamentary Standing committee that studied the Bill, except for one point to add the word ‘and’ between Clause 17(A) and 17(B). These clauses relate to right to recourse for compensation of the power plant operator from equipment supplier in case of a mishap.
Clause 17 reads 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 (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.
The standing committee had recommended that the word ‘and’ be inserted between the clauses. However, the Opposition parties had objected to this saying that this would dilute the operator’s demand for compensation from the supplier. The government ended the stalemate by preceding the clause with a sentence saying that the operator could pursue the right to recourse against the supplier, after compensating the victims.
The Bill with a few minor modifications may pass muster in the Parliament with the main Opposition party, Bhartiya Janata Party agreeing to support the bill. There are still objections regarding the cap of Rs 1,500 crore for compensation. Meanwhile, the nuclear industry wants both the clauses deleted, as supplier liability beyond the internationally accepted 12-24 months is unviable.
The Bill is vital for processing civil nuclear agreements for India with various nations, most importantly the US. These countries are waiting eagerly for the passage of the Bill in the Parliament.



