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 5: 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 (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 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 after 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.
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