Section 3 of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
- (1)Subject to the other provisions of this Act, the Central Government shall, and shall have the exclusive right to, represent, and act in place of (whether within or outside India) every person who has made, or is entitled to make, a claim for all purposes connected with such claim in the same manner and to the same effect as such person.
- (2)In particular and without prejudice to the generality of the provisions of sub-section (1), the purposes referred to therein include--
- (a)institution of any suit or other proceeding in or before any court or other authority (whether within or outside India) or withdrawal of any such suit or other proceeding, and
- (b)entering into a compromise.
- (3)The provisions of sub-section (1) shall apply also in relation to claims in respect of which suits or other proceedings have been instituted in or before any court or other authority (whether within or outside India) before the commencement of this Act: Provided that in the case of any such suit or other proceeding with respect to any claim pending immediately before the commencement of this Act in or before any court or other authority outside India, the Central Government shall represent, and act in place of, or along with, such claimant, if such court or other authority so permits.
Summary
- The Central Government has the exclusive right to represent and act in place of any person making a claim, both inside and outside India.
- This representation covers all aspects of a claim, meaning the government acts with the same legal effect as the actual claimant.
- The government's powers include starting a lawsuit, withdrawing a lawsuit, or entering into a compromise or settlement.
- These rules also apply to lawsuits that were already started before this law became active.
- For lawsuits that were already pending in foreign courts outside India before this law started, the government can represent the claimant either alone or alongside them, if the foreign court allows it.
Practical examples
FAQ
1. Who has the exclusive right to represent the victims of the disaster?
The Central Government has the exclusive right to represent and act in place of every claimant.
2. Does this exclusive right apply outside of India?
Yes, the government can represent claimants both within and outside of India.
3. Can the Central Government settle or compromise a claim on behalf of a victim?
Yes, Section 3(2)(b) specifically allows the government to enter into a compromise.
4. What happens to lawsuits that were already filed before this Act started?
The government's exclusive representation rights also apply to lawsuits filed before the Act's commencement.
5. What if a lawsuit was already pending in a foreign court before the Act started?
The Central Government will represent the claimant either in place of them or along with them, provided the foreign court permits it.
Test yourself
Q1.Under Section 3, who has the exclusive right to represent claimants?
Q2.Which of the following is specifically included as a purpose for which the government can represent claimants?
Q3.Does the Central Government's exclusive right to represent claimants apply outside India?
Q4.If a lawsuit was pending outside India before the Act started, how can the Central Government represent the claimant?
Q5.Do the representation rules apply to lawsuits filed before the Act started?
Q6.What can the Central Government do with a lawsuit under Section 3(2)(a)?