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Bhopal Gas Leak Disaster Processing of Claims Act 1985 Preamble 1

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

State: Central

Year: 1985

BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985 [Act, 21 of 1985] [29th March, 1985] PREAMBLE 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, equitable 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: -

Bhopal Gas Leak Disaster Processing of Claims Act 1985 Complete Act

Title: Bhopal Gas Leak Disaster Processing of Claims Act 1985

State: Central

Year: 1985

Preamble1 - BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985 Section1 - Short title and commencement Section2 - Definitions Section3 - Power of Central Government to represent claimants Section4 - Claimant's right to be represented by a legal practitioner Section5 - Power of Central Government Section6 - Commissioner and other officers and employees Section7 - Power to delegate Section8 - Limitation Section9 - Power to frame a Scheme Section10 - Removal of doubts Section11 - Overriding effect Section12 - Repeal and saving

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

State: Central

Year: 1985

.....which may be credited to such fund: (f) the utilisation by way of disbursal (including apportionment) or otherwise, of any amounts received in satisfaction of the claims: (g) the officer (being a judicial officer of a rank not lower than that of a District Judge) who may make such disbursal or apportionment in the event of a dispute: (h) the maintenance and audit of accounts with respect to the amounts referred to in clauses(e) and (f); (i) the functions of the Commissioner and other officers and employees appointed under section 6-. (3) Every Scheme framed under sub-section (1) shall be laid, as soon as may be after it is framed, 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 scheme or both houses agree that the Scheme should not be framed, the Scheme 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.....

Bhopal Gas Leak Disaster Processing of Claims Act 1985 Section 6

Title: Commissioner and Other Officers and Employees

State: Central

Year: 1985

.....such of the officers subordinate to him as may be authorised by the Central Government by notification in the Official Gazette in this behalf may. for the discharge of their functions under the Scheme, exercise all or any of the powers which the Central Government may exercise under section 5. (4) All officers and authorities of the Government shall act in aid of the Commissioner. 1(5) The Commissioner and the officers subordinate to him authorised to discharge functions under the Scheme shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).] ________________________ 1. Inserted by The Bhopal Gas Leak Disaster (Processing Of Claims) Amendment Act, 1992 (24 of 1992) w.e.f 12.08.1992.

Bhopal Gas Leak Disaster Processing of Claims Act 1985 Section 1

Title: Short Title and Commencement

State: Central

Year: 1985

(1) This Act may be called the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985. (2) It shall be deemed to have come into force on the 20th day of February, 1985.

Bhopal Gas Leak Disaster Processing of Claims Act 1985 Section 2

Title: Definitions

State: Central

Year: 1985

.....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 ; (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; (c) "person" includes the Government; (f) "Scheme" means a Scheme framed under section 9.

Bhopal Gas Leak Disaster Processing of Claims Act 1985 Section 7

Title: Power to Delegate

State: Central

Year: 1985

The Central Government may. bynotification in the Official Gazette delegate, subject to such conditions andlimitations as may be specified in the notification, all or any of its powersunder this Act (excepting the power under section 9 to frame a Scheme) to theGovernment of Madhya Pradesh or an officer of the Central Government not belowthe rank of a Joint Secretary to that Government or an officer of theGovernment of Madhya Pradesh not below the rank of a Secretary to thatGovernment 1 [or the Commissioner]. ________________________ 1.Inserted by The Bhopal Gas Leak Disaster (Processing Of Claims) Amendment Act,1992 (24 of 1992) w.e.f 12.08.1992.

Bhopal Gas Leak Disaster Processing of Claims Act 1985 Section 12

Title: Repeal and Saving

State: Central

Year: 1985

(1) The Bhopal Gas Leak Disaster (Processing of Claims) Ordinance. 1985 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Income Tax Act, 1961 Chapter III

Title: Incomes Which Do Not Form Part of Total Income

State: Central

Year: 1961

.....1] : For the purposes of this sub-clause, the expression industrial undertaking means any undertaking which is engaged in (a) the manufacture or processing of goods; or 53[(aa) the manufacture of computer software or recording of programme on any disc, tape, perforated media or other information device; or] (b) the business of generation or distribution of electricity or any other form of power; or 54[(ba) the business of providing telecommunication services; or] (c) mining; or (d) the construction of ships; or 55[(da) the business of ship-breaking; or] (e) the operation of ships or aircrafts or construction or operation of rail systems; 56[Explanation 1A : For the purposes of this sub-clause, the expression interest shall not include interest paid on delayed payment of loan or on default if it is in excess of two per cent per annum over the rate of interest payable in terms of such loan.] 57[Explanation 2 : For the purposes of this clause, the expression interest includes hedging transaction charges on account of currency fluctuation;] (v) interest on (a) securities held by the Welfare Commissioner, Bhopal Gas Victims, Bhopal, in the Reserve.....

Income Tax Act, 1961 Section 10

Title: Incomes Not Included in Total Income

State: Central

Year: 1961

.....1] : For the purposes of this sub-clause, the expression industrial undertaking means any undertaking which is engaged in (a) the manufacture or processing of goods; or 53[(aa) the manufacture of computer software or recording of programme on any disc, tape, perforated media or other information device; or] (b) the business of generation or distribution of electricity or any other form of power; or 54[(ba) the business of providing telecommunication services; or] (c) mining; or (d) the construction of ships; or 55[(da) the business of ship-breaking; or] (e) the operation of ships or aircrafts or construction or operation of rail systems; 56[Explanation 1A : For the purposes of this sub-clause, the expression interest shall not include interest paid on delayed payment of loan or on default if it is in excess of two per cent per annum over the rate of interest payable in terms of such loan.] 57[Explanation 2 : For the purposes of this clause, the expression interest includes hedging transaction charges on account of currency fluctuation;] (v) interest on (a) securities held by the Welfare Commissioner, Bhopal Gas Victims, Bhopal, in the Reserve.....