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BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985
21 of 1985
29th March, 1985
An act to confer certain powers on the Central Government to secure that claims arising out of, or connect with, the Bhopal gas leak disaster are dealt with speedily, effectively, equitable 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:-
SECTION 01: 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.
SECTION 02: 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-:
(c) "person" includes the Government:
(f) "Scheme" means a Scheme framed under section 9-.
SECTION 03: 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 lo 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.
SECTION 04: CLAIMANT'S RIGHT TO BE REPRESENTED BY A LEGAL PRACTITIONER
Notwithstanding anything contained in section 3-, in representing, and acting in place of, any person in relation to any claim, the Central Government shall have due regard to any matters which such person may require to be urged with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his claim.
SECTION 05: POWER OF CENTRAL GOVERNMENT
(1) For the purpose of discharging its functions under this Act, the Central Government shall have the powers of a civil court while trying a suit under the Code of Civil Procedure. 1908-in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath:
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits:
(d) requisitioning any public record or copy thereof from any court or office:
(e) issuing commissions for the examination of witnesses or documents:
(f) any other matter which the Central Government may, by notification in the Official Gazette, specify.
(2) Every notification made under clause (f) of sub-section (1) shall be laid, as soon as may be litter it is made. before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if. Before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made. the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
SECTION 06: COMMISSIONER AND OTHER OFFICERS AND EMPLOYEES
(1) For the purpose of assisting it in discharging its functions under this Act. the Central Government may appoint an officer, to be known as the Commissioner for the welfare of the victims of the Bhopal gas leak disaster, and such other officers and employees to assist him as that Government may deem fit.
(2) The Commissioner shall discharge such functions as may be assigned to him by the Scheme.
(3) The Commissioner and such of the officers subordinate to him as may be authorised by the Central Government by notification in the Official Gazette in this behalf may. for the discharge of their functions under the Scheme, exercise all or any of the powers which the Central Government may exercise under section 5-.
(4) All officers and authorities of the Government shall act in aid of the Commissioner.
2(5) The Commissioner and the officers subordinate to him authorised to discharge functions under the Scheme shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]
SECTION 07: POWER TO DELEGATE
The Central Government may. by notification1in the Official Gazette delegate, subject to such conditions and limitations as may be specified in the notification, all or any of its powers under this Act (excepting the power under section 9-to frame a Scheme) to the Government of Madhya Pradesh or an officer of the Central Government not below the rank of a Joint Secretary to that Government or an officer of the Government of Madhya Pradesh not below the rank of a Secretary to that Government [or3the Commissioner].
SECTION 08: LIMITATION
(1) In computing, under the Limitation Act 1963-or any other law for the time being in force, the period of limitation for the purpose of instituting a suit or other proceeding for the enforcement of a claim, any period after the date on which such claim is registered under, and in accordance with the provisions of the Scheme shall be excluded.
(2) Nothing in sub-section (1) shall apply to any proceedings by way of appeal.
SECTION 09: POWER TO FRAME A SCHEME
(1) The Central Government shall, for carrying into effect the purposes of this Act. frame by notification in the Official Gazette a Scheme as soon as may be after the commencement of this Act.
(2) In particular and without prejudice to the generality of the provisions of ,sub-section (1), a Scheme may provide for all or any of the following matters, namely:-
(a) the registration of the claims under the Scheme and all matters connected with such registration:
(b) the processing of the claims for securing their enforcement and matters connected therewith:
(c) the maintenance of records and registers in respect of the claims:
(d) the creation of a fund for meeting expenses in connection with the administration of the Scheme and of the provisions of this Act:
(e) the amounts which the Central Government may, after due appropriation made by Parliament by law in that behalf, credit to the fund referred to in clause
(d) and any other amounts which may be credited to such fund:
(f) the utilisation by way of disbursal (including apportionment) or otherwise, of any amounts received in satisfaction of the claims:
(g) the officer (being a judicial officer of a rank not lower than that of a District Judge) who may make such disbursal or apportionment in the event of a dispute:
(h) the maintenance and audit of accounts with respect to the amounts referred to in clauses(e) and (f);
(i) the functions of the Commissioner and other officers and employees appointed under section 6-.
(3) Every Scheme framed under sub-section (1) shall be laid, as soon as may be after it is framed, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the scheme or both houses agree that the Scheme should not be framed, the Scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall he without prejudice to the validity of anything previously done under that Scheme.
SECTION 10: REMOVAL OF DOUBTS
For the removal of doubts, it is hereby declared that-
(a) any sums paid by the Government to a claimant otherwise than by way of disbursal of the compensation or damages received as a result of the adjudication or settlement of his claim by a court or other authority, shall be deemed to be without prejudice to the adjudication or settlement by such court or other authority of his claim to receive compensation or damages in satisfaction of his claim and shall not be taken into account by such court or other authority in determining the amount of compensation or damages to which he may be entitled in satisfaction of his claim;
(b) in disbursing under the Scheme the amount received by way of compensation or damages in satisfaction of a claim as a result of the adjudication or settlement of the claim by a court or other authority, deduction shall be made from such amount of the sums. if any paid to the claimant by the Government before the disbursal of such amount.
SECTION 11: OVERRIDING EFFECT
The provisions of this Act and of any Scheme framed there under shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.
SECTION 12: REPEAL AND SAVING
(1) The Bhopal Gas Leak Disaster (Processing of Claims) Ordinance. 1985. is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
BHOPAL GAS LEAK DISASTER (REGISTRATION AND PROCESSING OF CLAIMS) SCHEME, 1985
G.S.R. No. 751 (E), dated 24th September, 1985.
1-In exercise of the powers conferred by Sec. 9 of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (21 of 1985), the Central Government hereby frame the following scheme, namely :
SCHEME 01: SHORT TITLE AND COMMENCEMENT
(1) This Scheme may be called the Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985.
(2) It shall come into force on the date of its publication in the Official Gazette.
SCHEME 02: DEFINITIONS
-In this Scheme, unless the context otherwise requires:
(a) "Act" means the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (21 of 1985); 4(aa) Bhopal gas victims Monthly Unit Scheme" means the "the Bhopal Gas Victims Monthly Unit Scheme, 1992" made by the Board of the Unit Trust of India in exercise of the powers conferred by Section 21 of the Unit Trust of India Act, 1963 (52 of 1963)
(b) "Section" means a section of the Act;
(c) words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.
SCHEME 03: AUTHORITIES FOR REGISTRATION OF CLAIMS
-The Deputy Commissioners appointed under Sec. 6of the Act shall be the authorities for registration of claims (including the receipt, security and proper categorisation of such claims under paragraph 5 of the Scheme) arising within the areas of their respective jurisdiction and they shall be assisted by such other officers as may be appointed by the Central Government under Sec. 6of the Act for scrutiny and verification of the claims and other related matters.
SCHEME 04: MANNER OF FILING CLAIMS
(1) An application for claims shall be made to the Deputy Commissioner concerned in Form No. I or, as the case may be Form No. 2 or Form No. 3 or Form No. 42[or Form No. 5] appended to this Scheme within a period of sixty days from the date notified by the Commissioner inviting applications for claims: Provided that if the Deputy Commissioner is satisfied that the claimant was prevented by sufficient cause from filing the application for the claims within the said period of sixty days, he may entertain the application for the claim within a further period of sixty days but not thereafter.
(2) Notwithstanding anything contained in sub-paragraph (1) an application for a claim arising in future on account of the Bhopal gas leak disaster may be made to the Deputy Commissioner within such further period, after the expiry of the period specified in the proviso to the said subparagraph (1) as he may specify from time to time.
(3) The claim may be made by any person affected by the Bhopal gas leak disaster or, as the case may be, by the spouse, children or other heirs of such deceased person, or by a representative duly authorised by such person in this behalf or, in the case of a minor so affected, by his guardian.
(4) A separate claim form in respect of each category of claim specified in paragraph 5 of the Scheme shall be filed by each person having a claim. Each person filing a claim shall be considered to have a single claim regardless of the number of categories of claim included therein.
(5) The Deputy Commissioner shall provide the required forms for filing the applications free of cost.
SCHEME 04A: TRANSFER OF APPLICATIONS FOR CLAIMS
(1) Notwithstanding anything contained in paragraph 4, all applications received for3["claims, whether before or after the commencement of"] the Bhopal Gas Leak Disaster (Registration and Processing of Claims) (Amendment) Scheme, 1987, by the Director of Claims or by any other officer specified in the Order of the Government of Madhya Pradesh No. 373/69 l/l-Four/Coordination/ 85, dated the 7th May, 1985, shall stand transferred, along with relevant records, to the Office of the Deputy Commissioner concerned as if such applications had been made to the Deputy Commissioner under paragraph 4 and such Deputy Commissioner may further process the said application in accordance with the provisions of this Scheme.
(2) The Commissioner and the Deputy Commissioner may summon any claimant whose application for claim has been transferred under sub-paragraph (1), for verification of particulars in the application and may also call for such additional information as may be required by the Commissioner or the Deputy Commissioner, as the case may be.]
SCHEME 05: CATEGORISATION AND REGISTRATION OF CLAIMS
(1) On receipt of a claim under paragraph 4 of the Scheme, the Deputy Commissioner shall subject to the provisions of sub-paragraph (3) and sub-paragraph (4), place the claim in the appropriate category under sub-paragraph (2) and thereafter register the claim.
(2) The claims received for registration shall be placed under the following categories, namely:
(a) death;
(b) total disablement resulting in permanent disability to earn livelihood ;
(c) permanent partial disablement affecting the overall capacity of a person to earn his livelihood;
(d) temporary partial disablement resulting in reduced capacity to earn livelihood;
6(da) Injury of utmost severity.
(db) minor -Injury.
(e) temporary dislocation of means of livelihood ;
(f) claims of the Government, authorities under the control of the Government, local authorities and institutions for expenses incurred in providing relief, aid and rehabilitation to the persons affected by the Bhopal gas leak disaster:
(g) administrative expenses incurred by the Central Government, Government of Madhya Pradesh or local authorities, to cope up with the Bhopal gas leak disaster, including all legal and administrative expenses attributable or related to the said disaster;
(h) claims relating to loss of revenue to Government, authorities under the control of Government or local authorities arising out of, or connected with the Bhopal gas leak disaster;
(i) claims on account of damage to the fauna including milch and draught animals;
(j) claims arising from damage to flora including destruction of agricultural crops, vegetables, trees and orchards;
(k) claims on account of damage to environment including pollution of soil, flora, fauna and water systems ;
(l) claims relating to loss and destruction of property :
(m) claims relating to loss of business or employment or both ;
(n) claims in respect of injuries that are likely to be suffered on account of the Bhopal gas leak disaster;
(o) any other claim or claims which the Deputy Commissioner may determine for reasons to be recorded in writing, as arising out of, or connected with, the Bhopal gas leak disaster.
(3) On the consideration of a claim made under paragraph 4 of the Scheme, if the Deputy Commissioner is of the opinion that the claim falls in a category different from the category mentioned by the claimant, he may decide the appropriate category after giving an opportunity to the claimant to be heard .and also after taking into consideration any facts made available to him in this behalf by the Government or the authorities authorised by the Government in this behalf.
(4) Where the Deputy Commissioner is of the opinion that a claim made under paragraph 4 does not fall in any of the categories specified in sub-paragraph (2) he may refuse to register the claim :
Provided that before so refusing, he shall give a reasonable opportunity for a personal hearing lo the claimant.
(5) If the claimant is not satisfied with the order of the Deputy Commissioner under sub-paragraph (3) or sub-paragraph (4) he may prefer an appeal against such order to the5[Additional Commissioner], who shall decide the same.
(6) Every appeal under sub-paragraph (5) shall be fled in such Form, as may be specified by the Commissioner, within 60 days from the date on which the order sought to be appealed against is communicated to the claimant preferring the appeal.
(7) The 5[Additional Commissioner] shall give a reasonable opportunity to the claimant of being heard before passing an order and a copy of every order passed under this sub-paragraph shall be sent by the Commissioner to the Deputy Commissioner and the claimant.
(8) On categorisation and registration of the claim of a claimant, the Deputy Commissioner shall make available the information to the Commissioner who may transmit the same to the Central Government for enabling it to discharge its function under Sec. 3of the Act.
SCHEME 06: MATTERS TO BE TAKEN INTO CONSIDERATION FOR CATEGORISATION OF CLAIMS
-The Deputy Commissioner while categorising and registering the claims under paragraph 5 of the Scheme shall :
(a) give due consideration and weight age to the data, collected and provided by the Government or the authorities authorised by the Government in his behalf, relating to cases arising out of, or connected with the Bhopal gas leak disaster;
(b) obtain copies of claims filed in different courts or before other authorities, whether within or outside India, to the extent feasible for proper consideration of the claims made before him.
SCHEME 07: MAINTENANCE OF RECORDS
(1) The Commissioner shall cause to be maintained a register for registration of claims in serial order according to the receipt of applications for claims and a register for listing the claims, category-wise, as laid down in paragraph 5.
(2) The Commissioner may also cause lo be maintained such other record or register as he may deem necessary for the purpose of carrying out the provisions of this Scheme.
SCHEME 08: PROCEDURE
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