Section 1229 in The Bhopal Gas Leak Disaster (Processing Of Claims) Act, 1985
1229.
The gas leak disaster involving the release, on 2nd and 3rd December, 1984, of highly noxious and abnormally dangerous gas from a plant in Bhopal of the Union Carbide (India) Limited, a subsidiary of the Union Carbide Corporation, U.S.A., is of an unprecedented nature both from the point of view of its nature and its effects. It results in loss of life and damage to property on an extensive scale. Victims of the disaster who have managed to survive are still suffering from adverse effects and the further complications which may arise effects and the further complications which may arise in their case in course of time cannot be fully visualised event at this stage. The Central Government and the Government of Madhya Pradesh and various agencies had to incur expenditure on a large scale for containing the disaster and mitigating or otherwise coping with the effects of the disaster.2. Government has been anxious to ensure that the interests of the victims of the diaster are fully protected and that the claims for compensation or damages for loss of life or personal injuries or in respect of other matters arising out of or connected with the disaster are processed speedily, effectively, equitably and to the best advantage of the claimants. The legal position was examined with reference to the laws obtaining in the United States of America and in our country and in the light of the examination it was felt that special provisions of the examination it was felt that special provisions should be made for processing the claims. Accordingly the President promulgated on the 20th day of February, 1985, the Bhopal Gas Leak Disaster (Processing of Claims) Ordinance, 1985, to confer powers on the Central Government to represent the claimants and take all necessary steps for the processing of the claims. The Ordinance also provided for the appointment of a Commissioner for the welfare of the victims of the disaster and for the formulation of a Scheme to provide for various matters necessary for processing of the claims and for the utilisation by way of disbursal or otherwise of amounts received in satisfaction of the claims.3. The Bill seeks to replace the aforeside Ordinance.- Gazette of India, 15-3-1985, Pt. II, Section 2, Ext., p. 6 (No. 8).[29th March, 1985]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.BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
