Central

Section 9 of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

(1)The Central Government shall, for carrying into effect the purposes of this Act, frame by notification in the Official Gazette a Scheme as soon as may be after the commencement of this Act.
(2)In particular and without prejudice to the generality of the provisions of sub-section (1), a Scheme may provide for all or any of the following matters, namely:
1. (a)the registration of the claims under the Scheme and all matters connected with such registration;
2. (b)the processing of the claims for securing their enforcement and matters connected therewith;
3. (c)the maintenance of records and registers in respect of the claims;
4. (d)the creation of a fund for meeting expenses in connection with the administration of the Scheme and of the provisions of this Act;
5. (e)the amounts which the Central Government may, after due appropriation made by Parliament by law in that behalf, credit to the fund referred to in clause (d) and any other amounts which may be credited to such fund;
6. (f)the utilisation, by way of disbursal (including apportionment) or otherwise, of any amounts received in satisfaction of the claims;
7. (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;
8. (h)the maintenance and audit of accounts with respect to the amounts referred to in clauses(e) and (f);
  1. (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 annulment shall be without prejudice to the validity of anything previously done under that Scheme.

Summary

The Central Government must frame an official plan, called a Scheme, and publish it in the Official Gazette as soon as possible.
The Scheme provides for registering, record keeping, and processing of claims.
The Scheme can create an administrative expense fund, which can receive money after Parliament passes an appropriation law.
If there is a dispute over how claim money is split, a judicial officer who is at least a District Judge must resolve it.
The Scheme defines the job duties of the Commissioner and other staff appointed under Section 6.
The Scheme must be laid before both Houses of Parliament for thirty days, and they can modify or cancel it.

Practical examples

1In November 1985, the Central Government publishes the Bhopal Gas Leak Disaster Scheme. The Scheme sets up a central registry office in Bhopal to collect and organize claim forms from survivors like Vikram Singh.

2Vikram Singh and his sister have a dispute over how to split the 40,000 rupees compensation awarded for their family property. Under the Scheme, a judicial officer named Harish Mehta, who is a District Judge, is appointed to resolve the dispute.

FAQ

1. How soon must the Central Government frame the Scheme?

The Central Government must frame the Scheme "as soon as may be" after the commencement of the Act.

2. Who resolves disputes over the distribution or sharing of claim money under the Scheme?

A judicial officer who is of a rank not lower than a District Judge.

3. Does Parliament have a say in the Scheme framed by the Government?

Yes, the Scheme must be laid before both Houses of Parliament for thirty days while they are in session, and they can modify or reject it.

4. What is the purpose of the fund created under the Scheme?

It is created to meet expenses in connection with the administration of the Scheme and the provisions of this Act.

5. Whose functions are defined by the Scheme?

The Scheme defines the functions of the Commissioner and other officers and employees appointed under Section 6.

Test yourself

Q1.Under Section 9(2)(g), who is qualified to make a disbursal or apportionment of claims in the event of a dispute?

Q2.How long must a framed Scheme be laid before each House of Parliament?

Q3.What is required before the Central Government can credit money to the administrative fund under Section 9(2)(e)?

Q4.Under Section 9(2)(i), which section's appointed officers have their functions defined by the Scheme?

Q5.What happens to actions taken under a Scheme if Parliament later decides to modify or cancel it?

Q6.Where must the Scheme be published to become official?

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