Nuclear Safety Regulatory Authority Bill in India

Government of India introduced a Bill on Nuclear Safety Regulatory Authority (NSRA) Act 2011 (link provided at the end of this article) in the monsoon session of the parliament (Lok Sabha) on Wednesday 7th September 2011. As per the report in livemint,  report in The Hindu, article in Power Engineering, the Bill provides for creation of a

1. Council of Nuclear Safety (CNS) with Prime Minister as Chair Person and other members including Atomic Energy Commission Chairman as ex-officio for nuclear/radiation safety policy review; 
2. an authority (NSRA) with offices at different places having a a chairperson, two whole-time members and up to four part-time members.The chairperson, reporting to parliament, would have to have at least 25 years' experience in nuclear science and technology, environmental science, engineering or related fields. The members would need to have at least 20 years' experience in these fields.; Chair Person and Members can serve for a maximum two terms with each at three years and upto a maximum age of 70 years; Member upto 65 years. The Chair Person is also Chief Executive Officer of NSRA with financial and administrative powers.
3. search committees for selection of Chair Person and Members of NSRA
4. an appellate authority with a Supreme Court judge or a High Court Chief Justice as Chair Person and two scientist who are experts in the field as its Members.

Atomic Energy Regulatory Boad (AERB) will be dissolved after establishment of the authority as per Section 18 of the proposed Act and Chairman & its members will be transferred to function as Chair Person and members of NSRA till search committees find persons for these posts. AERB Employees also will be transferred to NSRA and within three years they can decide to be part of NSRA or as any central government employee.
As per Section 19, the jurisdiction of the Authority shall extend to all areas to which this Act is applicable and activities relating to production, development or use of atomic energy and radiation in all its applications, or transport (within India or outside India), transfer by sale or otherwise, import, export or storage or disposal of nuclear and radioactive material.

The NSRA would decide on issues through a majority vote of the members, and if there is a tie, the chairperson or the senior-most member present shall have a second or casting vote, the bill has proposed. The CNS will be empowered to create the appellate for grievance addressal.

NSRA is the sole authority for administering Factories Act 1948 as per Section 23 of NSRA Act 2011. The authority can delegate its powers to any one including state government as per Section 24, except making regulations. Section 25 gives powers to central government to exempt facilities of national interest.

Section 40 states penalties of upto 5 years imprisonment and or fine for violations. Top to bottom, anybody responsible can be punished (Section 41). Section 44 says, Civil courts do not have jurisdiction on matters which NSRA or other regulatory bodies empowered under this Act.

Creation of this council got necessiated in the aftermath of Fukushima accident, the government's resolve to increase share of nuclear power, allow private operators for nuclear power generation and ensure safety.
After approval of the Bill, the NSRA has to notify any accident of significant risk within 15 days and should give wide publicity as per Civil Liability for Nuclear Damage Act,2010. It appears that the Bill is aimed at ensuring safety to employees, public and environment mainly during power generation keeping in mind of accidents occurred earlier like Chernobyl and Fukushima. As government intends to allow private operators in nuclear power generation, to avoid bypassing or short cuts on safety procedures, it proposes stringent provisions for safe generation of nuclear power. The penal provisions include jail term upto five years and also fines.

Council of Nuclear Safety:  Consist of the Prime Minister, the Union ministers of environment, external affairs, health, home affairs, science and technology, the cabinet secretary, the chairperson of the atomic energy commission, and eminent experts to be nominated by the central government.





THE NUCLEAR SAFETY REGULATORY AUTHORITY BILL, 2011

Related news items:

http://www.google.co.in/search?source=ig&hl=en&rlz=1R2ADFA_enIN437&q=nuclear+safety+regulatory+authority+bill+2011
http://economictimes.indiatimes.com/news/politics/nation/nuclear-safety-bill-tabled-in-lok-sabha/articleshow/9901420.cms
http://www.deccanherald.com/content/189375/revamped-n-safety-mechanism-cards.html
http://www.tehelka.com/story_main50.asp?filename=Ws070911Nuclear.asp
http://www.thehindubusinessline.com/industry-and-economy/economy/article2432732.ece

Compensation for victims of industrial accidents

There is discussion on deciding the quantum of compensation for victims of industrial accidents. The compensation amount should be fixed for every person injured / died in an accident instead of fixing the liability to the company for an accident.

In cases like Chernobyl, Bhopal and Seveso, the impact was immediate and is still continuing. In such cases, we can't decide compensation and cleanup costs immediately. The company has to pay for all victims. If the total compensation is limited to some amount, then in the cases like above, the amount received by the individual victims may become peanuts, whereas companies whose sole aim is to make profits will simply escape. When a company is in the business to make profits, then we can't allow them to make those profits at the cost of human lives, environment and property damages by following unsafe practices and procedures.
In fact, the certifying auditing agencies for quality, environment and safety practices of companies should be made accountable like financial auditors so that certificate can't issued / renewed without compliance with norms.

Now-a-days, the victims of road / rail accidents get Rs 2-10 lakhs from various agencies of the government. Sometimes, jobs are also offered for the next kin of the victims. Similar amount should be paid to the victims of industrial accidents apart from health treatment costs.

When the compensation will be decided for each victim instead of lumpsum per accident, then I am sure, companies will follow international safety practices everywhere and ensure safety of employees and public.