New Delhi, Aug 20 (IANS): The Cabinet today cleared the Civil Nuclear Liability Bill, incorporating the amendment demanded by the main Opposition Bharatiya Janata Party (BJP).
BJP leaders on Thursday opposed the Bill, claiming that the Congress-led United Progressive Alliance (UPA) government had changed the text agreed to by both the parties.
The word "and" was inserted between clauses 17(a) and 17(b) in its original text.
The BJP said the insertion of the word "and" between the two clauses made the draft legislation biased in favour of the supplier, mainly the foreign companies.
The BJP argued that the insertion makes it mandatory for the operator to enter into an agreement with the supplier to claim any liability from the latter. Failing this, the operator cannot make claims on the supplier even if an accident is caused by defective equipment supplied by it.
Clause 17 (a) provides for a right to recourse (the operator making claims on the supplier) if there is an agreement between the operator and the supplier. Clause 17 (b) provides for a right to recourse if defective equipment is supplied.
The "and" inserted between the two clauses, the BJP claimed, means that both an agreement and defective equipment are necessary for claiming a right to recourse.
So, if the supplying company refuses to enter into an agreement providing for right to recourse, it bears no liability even if the disaster were caused by defective equipment supplied by it.
A senior BJP leader said if there was an agreement in writing between the operator and the supplier, the agreement will operate on its own terms and no statutory support is required from Clause 17(b).
"However, with the insertion of word 'and' the right to recourse for defective or sub-standard equipment is made conditional on the supplier agreeing to an agreement in writing," he said.
"In such a case, the efficacy of Clause 17(b) is completely destroyed if the supplier does not agree to an agreement in writing," the leader said, adding that what Clause 17(b) gives as a protection to operator, the word "and" snatches it away.
BJP leaders said that since the nuclear plants were to be operated by the government or government-run companies, it would be in the interest of the country to delete the word "and".
The Bill will now be discussed in Parliament.
