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Section 23 of The Civil Liability for Nuclear Damage Act, 2010

If, for reasons other than temporary absence, any vacancy occurs in the office of the Chairperson or Member, as the case may be, the Central Government shall appoint another person in accordance with the provisions of this Act to fill such vacancy and the proceedings may be continued before the Commission from the stage at which it was, before the vacancy is filled.

Summary

If any vacancy occurs in the office of the Chairperson or a Member for reasons other than temporary absence, the Central Government must appoint another person to fill it.
The new appointment to fill the vacancy must be made in accordance with the provisions of this Act.
After the vacancy is filled, the proceedings before the Commission do not have to restart from the beginning.
The proceedings can continue from the exact stage at which they were before the vacancy occurred.

Practical examples

1In March 2027, during the ongoing hearing of several nuclear damage claims from an accident, one of the Commission Members, Mr. Rajesh Gupta, unexpectedly resigns due to personal reasons. Since this is a permanent vacancy and not a temporary absence, the Central Government follows the Act and appoints a qualified successor, Ms. Asha Nair, using the Selection Committee process. Once Ms. Nair joins, the Commission continues hearing the active claims of the local farmers from the exact stage where they were pending, saving them from having to re-present all their evidence.

2In August 2027, the Chairperson of the Commission, Justice Anand, falls ill and takes a two-week sick leave. Since this is a temporary absence, it does not trigger the permanent vacancy filling procedure under Section 23, and no new Chairperson is appointed by the Central Government. When Justice Anand returns, he resumes his duties.

FAQ

1. What happens if a Member or the Chairperson of the Commission resigns or passes away?

Since this constitutes a vacancy for reasons other than temporary absence, the Central Government must appoint a qualified replacement in accordance with the provisions of the Act.

2. Who has the authority to fill vacancies in the Commission?

The Central Government has the authority to appoint another person to fill any such vacancy.

Test yourself

Q1.Under Section 23 of The Civil Liability for Nuclear Damage Act, 2010, which type of absence does NOT trigger the appointment of a replacement by the Central Government?

Q2.Under Section 23 of The Civil Liability for Nuclear Damage Act, 2010, what happens to ongoing proceedings before the Commission when a vacancy is filled?

Q3.Under Section 23 of The Civil Liability for Nuclear Damage Act, 2010, how must the Central Government fill a vacancy in the Commission?

Q4.Under Section 23 of The Civil Liability for Nuclear Damage Act, 2010, if a vacancy occurs in the office of a Member, who has the legal duty to appoint a replacement?

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