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

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, is a crucial piece of legislation enacted by the Indian Parliament in the aftermath of the devastating Bhopal gas tragedy. This Act confers specific powers on the Central Government to represent the victims of the disaster and to ensure that their claims for compensation are processed speedily, effectively, and equitably. It provides a framework for the government to act on behalf of the claimants, both within and outside India, to secure justice and relief for those affected.

1: Act Background and Ministry

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, was enacted in response to the catastrophic gas leak at the Union Carbide plant in Bhopal in December 1984. The Act was designed to empower the Central Government to take charge of processing claims for compensation and damages arising from the disaster. The Ministry of Chemicals and Fertilizers is the nodal ministry overseeing this Act, reflecting its responsibility in dealing with the aftermath of such industrial disasters. The Ministry plays a vital role in implementing the act, ensuring that the victims receive adequate compensation and support.

2: Enactment Date, Number of Chapters, and Sections:

The Act was enacted on March 29, 1985, and is officially known as Act No. 21 of 1985.

• The Act is structured without specific chapters and comprises 12 sections.

• These sections cover definitions, the powers of the Central Government, the appointment of a Commissioner, provisions for a scheme, and other related matters.

• The Act is concise and focused on facilitating the processing of claims arising from the disaster.

3: Act Governed By:

The Act is primarily governed by:

• The Central Government: The Act grants the Central Government the exclusive right to represent claimants and act on their behalf.

• The Commissioner: Appointed by the Central Government under Section 6, the Commissioner is responsible for implementing the Scheme and processing claims.

• The Scheme: Framed by the Central Government under Section 9, the Scheme outlines the procedures for registering, processing, and disbursing claims.

4: On Whom It Is Applicable:

The Act is applicable to:

• All individuals who have suffered loss of life, personal injury, property damage, or other losses due to the Bhopal gas leak disaster.

• The Central Government, which is empowered to represent all claimants.

• The Commissioner and other officers appointed by the Central Government to implement the Act.

• Courts and other authorities involved in the adjudication of claims.

5: Penalties/Punishments:

The Act does not specify penalties or punishments for non-compliance. Instead, it focuses on:

• Empowering the Central Government to act on behalf of claimants.

• Establishing a framework for processing and disbursing claims.

• Ensuring that claimants receive compensation.

• The Act does not include provisions for punishment, as it is designed to facilitate the processing of claims rather than to penalize individuals or entities.

6: Important Pointers:

• The Act defines “Bhopal gas leak disaster” and “claim” broadly to include all losses arising from the tragedy.

• It grants the Central Government the exclusive right to represent claimants in all legal proceedings.

• The Act allows claimants to be represented by a legal practitioner of their choice at their own expense.

• It empowers the Central Government with the powers of a civil court for the purpose of discharging its functions.

• The Act provides for the appointment of a Commissioner to oversee the implementation of the Scheme.

• It allows the Central Government to frame a Scheme for the registration, processing, and disbursal of claims.

• The Act provides for the exclusion of the period of limitation for filing claims after registration.

• It clarifies that payments made by the Government before adjudication do not prejudice a claimant’s right to compensation.

• The Act has an overriding effect, meaning its provisions prevail over other laws.

• The Act ensures that the Central Government has the necessary powers to act effectively on behalf of the victims.

7: Download Act Copy