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Union of India - Section

Section 2 in The Bhopal Gas Leak Disaster (Processing Of Claims) Act, 1985

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; 90 (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.