Bhopal Gas Leak Disaster (Processing Of Claims) Act, 1985
No: 21 Dated: Mar, 29 1985
The Bhopal Gas Leak Disaster (Processing Of Claims) Act, 1985
ACT NO. 21 OF 1985
An Act to confer certain powers on the Central Government to secure that claims arising out of, or connected with, the Bhopal gas leak disaster are dealt with speedily, effectively, equitably and to the best advantage of the claimants and for matters incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
1. Short title and commencement.—(1) This Act may be called the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985.
(2) It shall be deemed to have come into force on the 20th day of February, 1985.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Bhopal gas leak disaster” or “disaster” means the occurrence on the 2nd and 3rd days of December, 1984, which involved the release of highly noxious and abnormally dangerous gas from a plant in Bhopal (being a plant of the Union Carbide India Limited, a subsidiary of the Union Carbide Corporation, U.S.A.) and which resulted in loss of life and damage to property on an extensive scale;
(b) “claim” means—
(i) a claim, arising out of, or connected with, the disaster, for compensation or damages for any loss of life or personal injury which has been, or is likely to be, suffered;
(ii) a claim, arising out of, or connected with, the disaster, for any damage to property which has been, or is likely to be, sustained;
(iii) a claim for expenses incurred or required to be incurred for containing the disaster or mitigating or otherwise coping with the effects of the disaster;
(iv) any other claim (including any claim by way of loss of business or employment) arising out of, or connected with, the disaster;
(c) “claimant” means a person entitled to make a claim;
(d) “Commissioner” means the Commissioner appointed under section 6;
(e) “person” includes the Government;
(f) “Scheme” means a Scheme framed under section 9.
Explanation.—For the purposes of clauses (b) and (c), where the death of a person has taken place as a result of the disaster, the claim for compensation or damages for the death of such person shall be for the benefit of the spouse, children (including a child in the womb) and other heirs of the deceased and they shall be deemed to be the claimants in respect thereof.
3. Power of Central Government to represent claimants.—(1) Subject to the other provisions of this Act, the Central Government shall, and shall have the exclusive right to, represent, and act in place of (whether within or outside India) every person who has made, or is entitled to make, a claim for all purposes connected with such claim in the same manner and to the same effect as such person.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the purposes referred to therein include—
(a) institution of any suit or other proceeding in or before any court or other authority (whether within or outside India) or withdrawal of any such suit or other proceeding, and
(b) entering into a compromise.
(3) The provisions of sub-section (1) shall apply also in relation to claims in respect of which suits or other proceedings have been instituted in or before any court or other authority (whether within or outside India) before the commencement of this Act:
Provided that in the case of any such suit or other proceeding with respect to any claim pending immediately before the commencement of this Act in or before any court or other authority outside India, the Central Government shall represent, and act in place of, or along with, such claimant, if such court or other authority so permits.