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Section 3

The Bhopal Gas Leak Disaster (Processing of Clause) Ordinance, 1985.Ordinance · 1985

(1) Subject to the other provisions of this Ordinance, 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 penerality of the provisions of sab-section (1). the purposes referred to rhrrein include—

(a) institution of any suit or other proceeding in or before «nycourt or other authority (whether within or outside India) or withdrawal of any such suit or other proceeding, and

(b) entering into a compromise.

Definitions.

Pavrer of Central Government to represent claimants.

SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(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 Ordinance:

Provided that in the case of any such suit or other proceeding with respect to eny claims pending immediately before the commencement of this Ordinance 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.

4. Notwithstanding anything contained in section 3, in representing, and acting in place of, any person in relation to any claim, the Central Government shall have due regard to any matters which such person may require to be urged with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his claim.

5. For the purpose of discharging its functions under this Ordinance, the Central Government shall have the powers of a civil, court while trying a suit * under the Code of Civil Procedure, 1903 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 of documents;

(/) any other matter which the Central Government may, by notification in the Official Gazette, specify.

Where this provision sits

ActThe Bhopal Gas Leak Disaster (Processing of Clause) Ordinance, 1985.
Section3
StatusIn force as published by the source

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