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 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.
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