Central
Section 8 of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
- (1)In computing, under the Limitation Act, 1963 (36 of 1963) or any other law for the time being in force, the period of limitation for the purpose of instituting a suit or other proceeding for the enforcement of a claim, any period after the date on which such claim is registered under, and in accordance with, the provisions of the Scheme shall be excluded.
- (2)Nothing in sub-section (1) shall apply to any proceedings by way of appeal.
Summary
- When calculating the legal time limit to file a lawsuit or proceeding for a claim, certain time periods are not counted.
- Specifically, any time that passes after the date a claim is registered under the Scheme is excluded from the time limit.
- This means that once a victim registers their claim, the legal clock for the time limit to file a suit stops ticking.
- This rule of excluding time does not apply to any legal proceedings that are appeals.
Practical examples
1Harish has a three-year deadline under the Limitation Act, 1963 to file a lawsuit for his damaged shop. He registers his claim under the official Scheme exactly one year after the disaster. The time limit clock stops on his registration date, meaning the remaining two years of his filing window are frozen and protected.
2Geeta registers her claim under the Scheme, but later wants to appeal a decision made on her claim. The time she spent waiting after registration is not excluded for her appeal deadline because Section 8(2) says this rule does not apply to appeals.
FAQ
1. What does the term "period of limitation" mean?
It is the legally defined time limit within which a person must file a lawsuit or legal proceeding.
2. Which act is mentioned for calculating these time limits?
The Limitation Act, 1963 is the specific law mentioned for calculating these time periods.
3. How does registering a claim under the Scheme affect the filing deadline?
The time that passes after the registration date is excluded, which freezes the legal deadline and gives the claimant more time.
Test yourself
Q1.Which Act is specifically mentioned in Section 8 for computing the period of limitation?
Q2.What is excluded when calculating the time limit to file a lawsuit under Section 8?
Q3.Does the time exclusion rule in Section 8 apply to appeals?
Q4.What must be done with a claim to trigger the time-freeze under Section 8(1)?
Q5.What is a "period of limitation" in everyday language?