Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BHOPAL GAS LEAK DISASTER (REGISTRATION AND PROCESSING OF CLAIMS) SCHEME, 1985 CONTENTS 1. Short title and commencement 2. Definitions 3. Authorities for registration of claims 4. Manner of filing claims 4A. Transfer of applications for claims 5. Categorisation and registration of claims 6 . Matters to be taken into consideration for categorisation of claims 7. Maintenance of records 8. Procedure 9. Processing of Claims Account Fund 10. Claims and Relief Fund 11. Disbursal, apportionment, etc. of certain amounts 12. Audit of accounts 1 3 . Functions of the Commissioner and other officers, etc., appointed under Sec. 6 of the Act BHOPAL GAS LEAK DISASTER (REGISTRATION AND PROCESSING OF CLAIMS) SCHEME, 1985 G.S.R. No. 751 (E), dated 24th September, 1985. 1 -In exercise of the powers conferred by Sec. 9 of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (21 of 1985), the Central Government hereby frame the following scheme, namely : 1. Short title and commencement :- (1) This Scheme may by called the Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985. (2) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions :- In this Scheme, unless the context otherwise requires : (a) "Act" means the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (21 of 1985) ; 1 (aa) Bhopal gas victims Monthly Unit Scheme" means the "the Bhopal Gas Victims Monthly Unit Scheme, 1992" made by the Board of the Unit Trust of India in exercise of the powers conferred by Section 21 of the Unit Trust of India Act, 1963 (52 of 1963) (b) "Section" means a section of the Act; (c) words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act. 1. Inserted vide " BHOPAL GAS LEAK DISASTER (REGISTRATION AND PROCESSING OF CLAIMS) SCHEME, 1985" Dt.4th December, 1992 Published in Ministry of Chemicals and Fertilizers (Deptt. of Chemicals and Petrochemicals), Noti. No. G.S.R. 910(E), dated December 2, 1992, published in the Gazette of India, Extra., Part II, Section 3(i), dated 4th December, 1992, pp. 2-3, SI. No. 494 [No. 21/10/85/-CH.I] [C] 3. Authorities for registration of claims :- The Deputy Commissioners appointed under Section 6 of the Act shall be the authorities for registration of claims (including the receipt, security and proper categorisation of such claims under paragraph 5 of the Scheme) arising within the areas of their respective jurisdiction and they shall be assisted by such other officers as may be appointed by the Central Government under Section 6 of the Act for scrutiny and verification of the claims and other related matters. 4. Manner of filing claims :- (1) An application for claims shall be made to the Deputy Commissioner concerned in Form No. I or, as the case may be. Form No. 2 or Form No. 3 or Form No. 4 1 [or Form No. 5] appended to this Scheme within a period of sixty days from the date notified by the Commissioner inviting applications for claims: Provided that if the Deputy Commissioner is satisfied that the claimant was prevented by sufficient cause from filing the application for the claims within the said period of sixty days, he may entertain the application for the claim within a further period of sixty days but not thereafter. (2) Notwithstanding anything contained in sub-paragraph (1) an application for a claim arising in future on account of the Bhopal gas leak disaster may be made to the Deputy Commissioner within such further period, after the expiry of the period specified in the proviso to the said sub-paragraph (1) as he may specify from time to time. (3) The claim may be made by any person affected by the Bhopal gas leak disaster or, as the case may be, by the spouse, children or other heirs of such deceased person, or by a representative duly authorised by such person in this behalf or, in the case of a minor so affected, by his guardian. (4) A separate claim form in respect of each category of claim specified in paragraph 5 of the Scheme shall be filed by each person having a claim. Each person filing a claim shall be considered to have a single claim regardless of the number of categories of claim included therein. (5) The Deputy Commissioner shall provide the required forms for filing the applications free of cost. 1. Ins. by G.S.R. 927 (E), dated 19th November, 1987 4A. Transfer of applications for claims :- ". .- (1) Notwithstanding anything contained in paragraph 4, all applications received for 1 ["claims, whether before or after the commencement of"] the Bhopal Gas Leak Disaster (Registration and Processing of Claims) (Amendment) Scheme, 1987, by the Director of Claims or by any other officer specified (2) The Commissioner and the Deputy Commissioner may summon any claimant whose application for claim has been transferred under sub-paragraph (1), for verification of particulars in the application and may also call for such additional information as may be required by the Commissioner or the Deputy Commissioner, as the case may be.] 1. Substituted for "claims on or before the commencement of", vide " BHOPAL GAS LEAK DISASTER (REGISTRATION AND PROCESSING OF CLAIMS) SCHEME, 1985" Dt.5th March, 1992 Published in Ministry of Chemicals and Fertilisers (Deptt. of Chemicals and Petrochemicals), Noti, No. G.S.R. 310(E), dated March 5, 1992, published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th March, 1992, pp. 2-3 [No. 21/10/85 CH.I] [C] 5. Categorisation and registration of claims :- (1) On receipt of a claim under paragraph 4 of the Scheme, the Deputy Commissioner shall subject to the provisions of sub- paragraph (3) and sub-paragraph (4), place the claim in the appropriate category under sub-paragraph (2) and thereafter register the claim. (2) The claims received for registration shall be placed under the following categories, namely: (a) death; (b) total disablement resulting in permanent disability to earn livelihood ; (c) permanent partial disablement affecting the overall capacity of a person to earn his livelihood; (d) temporary partial disablement resulting in reduced capacity to earn livelihood; 1(da) Injury of utmost severity. (db) minor -Injury. (e) temporary dislocation of means of livelihood ; (f) claims of the Government, authorities under the control of the Government, local authorities and institutions for expenses incurred in providing relief, aid and rehabilitation to the persons affected by the Bhopal gas leak disaster: (g) administrative expenses incurred by the Central Government, Government of Madhya Pradesh or local authorities, to cope up with the Bhopal gas leak disaster, including all legal and administrative expenses attributable or related to the said disaster; (h) claims relating to loss of revenue to Government, authorities under the control of Government or local authorities arising out of, or connected with the Bhopal gas leak disaster; (i) claims on account of damage to the fauna including milch and draught animals; (j) claims arising from damage to flora including destruction of agricultural crops, vegetables, trees and orchards; (k) claims on account of damage to environment including pollution of soil, flora, fauna and water systems ; (l) claims relating to loss and destruction of property : (m) claims relating to loss of business or employment or both ; (n) claims in respect of injuries that are likely to be suffered on account of the Bhopal gas leak disaster; (o) any other claim or claims which the Deputy Commissioner may determine for reasons to be recorded in writing, as arising out of, or connected with, the Bhopal gas leak disaster. (3) On the consideration of a claim made under paragraph 4 of the Scheme, if the Deputy Commissioner is of the opinion that the claim falls in a category different from the category mentioned by the claimant, he may decide the appropriate category after giving an opportunity to the claimant to be heard .and also after taking into consideration any facts made available to him in this behalf by the Government or the authorities authorised by the Government in this behalf. (4) Where the Deputy Commissioner is of the opinion that a claim made under paragraph 4 does not fall in any of the categories specified in sub-paragraph (2) he may refuse to register the claim : Provided that before so refusing, he shall give a reasonable opportunity for a personal hearing to the claimant. (5) If the claimant is not satisfied with the order of the Deputy Commissioner under sub-paragraph (3) or sub-paragraph (4) he may prefer an appeal against such order to the 2[Additional Commissioner], who shall decide the same. (6) Every appeal under sub-paragraph (5) shall be fled in such Form, as may be specified by the Commissioner, within 60 days from the date on which the order sought to be appealed against is communicated to the claimant preferring the appeal. (7) The 2 [Additional Commissioner] shall give a reasonable opportunity to the claimant of being heard before passing an order and a copy of every order passed under this sub-paragraph shall be sent by the Commissioner to the Deputy Commissioner and the claimant. (8) On categorisation and registration of the claim of a claimant, the Deputy Commissioner shall make available the information to the Commissioner who may transmit the same to the Central Government for enabling it to discharge its function under Section 3 of the Act. 1. Inserted vide " BHOPAL GAS LEAK DISASTER (REGISTRATION AND PROCESSING OF CLAIMS) SCHEME, 1985" Dt.5th March, 1992 Published in Ministry of Chemicals and Fertilisers (Deptt. of Chemicals and Petrochemicals), Noti, No. G.S.R. 310(E), dated March 5, 1992, published in the Gazette of India, Extra., Part II, Section 3(i), dated 5th March, 1992, pp. 2-3 [No. 21/10/85 CH.I] [C] 2. Subs. by G.S.R. 394 (E), dated 28th March, 1988, for the word "Commissioner" 6. Matters to be taken into consideration for categorisation of claims :- The Deputy Commissioner while categorising and registering the claims under paragraph 5 of the Scheme shall : (a) give due consideraion and weightage to the data, collected and provided by the Government or the authorities authorised by the Government in his behalf, relating to cases arising out of, or connected with the Bhopal gas leak disaster; (b) obtain copies of claims filed in different courts or before other authorities, whether within or outside India, to the extent feasible for proper consideration of the claims made before him. 7. Maintenance of records :- (1) The Commissioner shall cause to be maintained a register for registration of claims in serial order according to the receipt of applications for claims and a register for listing the claims, category-wise, as laid down in paragraph 5. (2) The Commissioner may also cause to be maintained such other record or register as he may deem necessary for the purpose of carrying out the provisions of this Scheme. 8. Procedure :- The Commissioner shall have the power to regulate his own procedure, and the procedure to be followed by the Deputy Commissioner and the officers and employees appointed under Section 6 , in all matters arising out of discharge of his or, as the case may be, their functions under this Scheme, including the place or places where he shall hold his sittings. 9. Processing of Claims Account Fund :- (1) There shall be created and maintained by the Central Government a Fund to be called the Processing of Claims Account Fund. (2) The Fund shall include the amount which the Central Government may, after due appropriation made by Parliament by law in that behalf, credit to the said Fund and any other amounts which may be credited to such Fund. (3) The amount, or as the case may be, the amounts in the said Fund shall be applied by the Commissioner for meeting expenses in connection with the administration of this Scheme and of the provisions of the Act. 10. Claims and Relief Fund :- (1) There shall be created and maintained by the Central Government a Fund to be called the Claims and Relief Fund. (2) The Fund shall include the amounts received in satisfaction of claims and any other amounts made available to the Commissioner as donation or for relief purposes. (3) The amounts in the Fund shall be applied by the Commissioner for the following purposes, namely: (a) disbursal of amounts in settlement of claims registered with the Deputy Commissioner; (b) disbursal of amounts as relief (including interim relief to the person affected by the Bhopal gas leak disaster, and (c) appointment of part of the Fund for disbursal of amounts in settlement of claims arising in future for disbursal of amounts to the Government of Madhya Pradesh for the social and economic rehabilitation of the persons affected by the Bhopal gas leak disaster. (4) Separate accounts shall be maintained for receipt and disbursal of amounts in settlement of claims and for relief purposes. 11. Disbursal, apportionment, etc. of certain amounts :- (1) The disbursal of any amounts under this Scheme shall be made by the Deputy Commissioner to each claimant through credit in a bank or postal saving account. (2) The Central Government may determine the total amount of compensation to be apportioned for each category of claims and the quantum of compensation payable, in general, in relation to each type of injury or loss. (3) The Deputy Commissioner shall determine the quantum of compensation payable to each claimant within a category specified in paragraph 5 in accordance with the provisions of sub-paragraph (4) subject to any court order, settlement or award of damages in any specific case. (4) In determining the quantum of compensation payable to the claimants within different categories specifed in paragraph 5, regard shall be had amongst other factors, to the following factors, namely : (a) the probable life span of the person affected by the Bhopal gas leak disaster; (b) the actual or projected earning capacity of the person so affected; (c) the likely expenditure on immediate and anticipated medical treatment of the person so affected; (d) mental anguish and physical injury suffered by a person in the Bhopal gas leak disaster, and (e) the type and severity of physical injury suffered by the persons so affected. (5) In the event of a dispute as to disbursal of the amounts received in satisfaction of claims, an appeal shall lie against the order of the Deputy Commissioner to the 1 [Additional Commissioner], who may decide the matter and make such disbursal as he may, for reasons to be recorded in writing; think fit (6) The provisions of sub-paragraphs (6) and (7) of paragraph 5 of the Scheme shall apply to the appeal under sub-paragraph (5) as they apply to the appeal under sub- paragraph (5) of that paragraph. 1. Subs. by G.S.R. 394 (E), dated 28th March, 1988, for the word "Commissioner". 12. Audit of accounts :- The Commissioner shall cause to be maintained all necessary books o f accounts required for operating the funds created and maintained under paragraphs 9 and 10 of this Scheme and the said books of accounts shall be audited by the auditors appointed by the Central Government. 13. Functions of the Commissioner and other officers, etc., appointed under Sec. 6 of the Act :- (1) The Commissioner shall be in charge of supervising the work relating to receipt registration, processing and settlement of claims filed under this Scheme and all other matters connected with the administration of the said Scheme. 1 (2) Where an appeal has not been filed against the order of the Deputy Commissioner passed under sub-paragraph (3) or sub- paragraph (4) of Paragraph 5, the Additional Commissioner may call for the record of any claim filed under Paragraph 4. If the Additional Commissioner after examination of record considers it necessary or expedient so to do, he may, revise, for reasons to be recorded in writing, the order passed by the Deputy Commissioner: Provided that where the order in revision is likely to be prejudicial to the interest of the claimant, no such order shall be passed in revision unless the claimant has been given a reasonable opportunity of showing cause against the proposed order. The provisions of this sub-paragraph shall also apply to the orders of the Deputy Commissioner passed under Paragraph 11 of this Scheme for which appeal is contemplated in sub-paragraph (5) thereof. 2 (3) The Commissioner may, suo-moto, call for the record of any claim filed under this Scheme and if he considers it necessary or expedient so to do, revise, for reasons to be recorded in writing, the order passed thereon : Provided that where the order in revision is likely to be prejudical to the interest of the claimant, no such order shall be passed in revision unless the claimant has been given a reasonable opportunity of showing cause against the proposed order. (3) All officers appointed under Section 6 of the Act shall work under the supervision of the Commissioner and assist him in carrying out the day-to-day administration of the Scheme and the provisions of the Act. 1. Inserted before sub-section(3) as so renumbered by by Bhopal Gas Leak Disaster (Registration and Processing of Claims) Amendment Scheme, 1993 dated 10th June, 1993 2. Sub-section(2) renumbered as sub-section(3) of section(13) by Bhopal Gas Leak Disaster (Registration and Processing of Claims) Amendment Scheme, 1993 dated 10th June, 1993