Section 4: Liability of operator.–

Q: What does Section 4 of The Civil Liability for Nuclear Damage Act, 2010 (TCLNDA) deal with?

Section 4 TCLNDA pertains to "Liability of operator.–". It is part of the The Civil Liability for Nuclear Damage Act, 2010, a legislation enacted by the Parliament of India. Section 4 of The Civil Liability for Nuclear Damage Act, 2010 (TCLNDA) governs liability of operator.–. As verified on 19 May 2026.

Q: Is Section 4 TCLNDA still in force?

Yes, Section 4 of the The Civil Liability for Nuclear Damage Act, 2010 is currently in force across the Republic of India.

Q: What is धारा 4 TCLNDA?

धारा 4 TCLNDA is the Devanagari Hindi reference for Section 4 of the The Civil Liability for Nuclear Damage Act, 2010. Section 4 of The Civil Liability for Nuclear Damage Act, 2010 (TCLNDA) governs liability of operator.–. As verified on 19 May 2026.

Q: What is Dhara 4 TCLNDA?

Dhara 4 TCLNDA is the Roman Hindi reference for Section 4 of the The Civil Liability for Nuclear Damage Act, 2010. "Dhara" means "Section" in Hindi. Section 4 of The Civil Liability for Nuclear Damage Act, 2010 (TCLNDA) governs liability of operator.–. As verified on 19 May 2026.

Q: How to cite Section 4 of The Civil Liability for Nuclear Damage Act, 2010?

Cite as: "Section 4, The Civil Liability for Nuclear Damage Act, 2010 (TCLNDA)" in legal briefs. For academic writing, use the BlueBook format: The Civil Liability for Nuclear Damage Act, 2010, § 4 (India).

Law on Tips Editorial Board

(1)

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 coming from, or originating in, that nuclear installation and occurring before –

(c) involving nuclear material sent to that nuclear installation and occurring after–

(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 under sub-section (2) of section 6.

(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 under sub-section (2) of section 6.

(4)

The liability of the operator of the nuclear installation shall be strict and shall be based on the principle of no-fault liability.

Explanation.–

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, as the case may be, the consignor and the carrier of nuclear material, 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.