Act Number: 21

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

Year: 1985

Enactment Date: 1985-03-29

Long Title: 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.

Ministry: Ministry of Chemicals and Fertilizers

Department: Department of Chemicals and Petro-Chemicals

Section 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.
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