Section 5 of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
- (1)For the purpose of discharging its functions under this Act, the Central Government shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:--
- (a)summoning and enforcing the attendance of any person from any part of India and examining him on oath;
- (b)requiring the discovery and production of any document;
- (c)receiving evidence on affidavits;
- (d)requisitioning any public record or copy thereof from any court or office;
- (e)issuing commissions for the examination of witnesses or documents;
- (f)any other matter which the Central Government may, by notification in the Official Gazette, specify.
- (2)Every notification made under clause (f) of sub-section (1) shall be laid, as soon as may be after it is made, 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 notification or both Houses agree that the notification should not be made, the notification 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 annulment shall be without prejudice to the validity of anything previously done under that notification.
Summary
- To carry out its duties, the Central Government is given the same powers as a civil court under the Code of Civil Procedure, 1908.
- These powers allow the government to force people from any part of India to attend hearings and testify under oath.
- The government can also order the discovery and production of documents, receive evidence on written sworn statements called affidavits, and ask for public records from any court or office.
- It can issue formal orders, called commissions, to examine witnesses or inspect documents.
- The government can add more powers by announcing them in the Official Gazette, which is the official government journal.
Practical examples
FAQ
1. What legal powers does the Central Government have to gather evidence under this Act?
The government has the powers of a civil court under the Code of Civil Procedure, 1908.
2. Can the Central Government force someone living in a different state of India to testify?
Yes, it can summon and enforce the attendance of any person from any part of India.
3. What is a "commission" in the context of Section 5(1)(e)?
A commission is an official order that appoints someone to examine witnesses or inspect documents when they cannot come to court.
4. Can Parliament change or reject any new powers the government tries to add?
Yes, both Houses of Parliament can agree to modify or cancel the notification during or immediately after the sessions.
Test yourself
Q1.Under which code does the Central Government get its civil court powers?
Q2.From which geographic areas can the Central Government summon and enforce the attendance of a person?
Q3.For how long must a notification for new powers be laid before Parliament?
Q4.What is an "affidavit" as mentioned in Section 5(1)(c)?
Q5.Can the government requisition public records from other courts or offices?
Q6.What happens if both Houses of Parliament agree to modify a notification for additional powers?