The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

(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.

In this Act, unless the context otherwise requires,-- (a) "Bhopal gas leak disaster" or "disaster" means the occurrence on the 2nd and 3rd days ofDecember, 1984, which involved the release of highly noxious and abnormally dangerous gas from aplant in Bhopal (being a plant of the Union Carbide India Limited, a subsidiary of the Union CarbideCorporation, 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 forany 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 whichhas been, or is likely to be, sustained; (iii) a claim for expenses incurred or required to be incurred for containing the disaster ormitigating or otherwise coping with the effects of the disaster; (iv) any other claim (including any claim by way of loss of business or employment) arisingout 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 takenplace as a result of the disaster, the claim for compensation or damages for the death of such personshall be for the benefit of the spouse, children (including a child in the womb) and other heirs of thedeceased and they shall be deemed to be the claimants in respect thereof.

(1) Subject to the other provisions ofthis 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 allpurposes 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), thepurposes referred to therein include-- (a) institution of any suit or other proceeding in or before any court or other authority (whetherwithin 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 orother proceedings have been instituted in or before any court or other authority (whether within or outsideIndia) before the commencement of this Act: Provided that in the case of any such suit or other proceeding with respect to any claim pendingimmediately 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 orother authority so permits.

Notwithstanding anythingcontained in section 3, in representing, and acting in place of, any person in relation to any claim, theCentral Government shall have due regard to any matters which such person may require to be urged withrespect to his claim and shall, if such person so desires, permit at the expense of such person, a legalpractitioner of his choice to be associated in the conduct of any suit or other proceeding relating to hisclaim.

(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 CivilProcedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person from any part of India and examininghim 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 after itis made, before each House of Parliament, while it is in session, for a total period of thirty days whichmay be comprised in one session or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions aforesaid, both Houses agree inmaking 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 maybe; so, however, that any such modification or annulment shall be without prejudice to the validity ofanything previously done under that notification.