SCHEME 05: CATEGORISATION AND REGISTRATION OF CLAIMS


(1) On receipt of a claim under paragraph 4 of the Scheme, the Deputy Commissioner shall subject to the provisions of sub-paragraph (3) and sub-paragraph (4), place the claim in the appropriate category under sub-paragraph (2) and thereafter register the claim.



(2) The claims received for registration shall be placed under the following categories, namely:

(a) death;

(b) total disablement resulting in permanent disability to earn livelihood ;

(c) permanent partial disablement affecting the overall capacity of a person to earn his livelihood;

(d) temporary partial disablement resulting in reduced capacity to earn livelihood;

(da) Injury of utmost severity.

(db) minor -Injury.

(e) temporary dislocation of means of livelihood ;

(f) claims of the Government, authorities under the control of the Government, local authorities and institutions for expenses incurred in providing relief, aid and rehabilitation to the persons affected by the Bhopal gas leak disaster:

(g) administrative expenses incurred by the Central Government, Government of Madhya Pradesh or local authorities, to cope up with the Bhopal gas leak disaster, including all legal and administrative expenses attributable or related to the said disaster;

(h) claims relating to loss of revenue to Government, authorities under the control of Government or local authorities arising out of, or connected with the Bhopal gas leak disaster;

(i) claims on account of damage to the fauna including milch and draught animals;

(j) claims arising from damage to flora including destruction of agricultural crops, vegetables, trees and orchards;

(k) claims on account of damage to environment including pollution of soil, flora, fauna and water systems ;

(l) claims relating to loss and destruction of property :

(m) claims relating to loss of business or employment or both ;

(n) claims in respect of injuries that are likely to be suffered on account of the Bhopal gas leak disaster;

(o) any other claim or claims which the Deputy Commissioner may determine for reasons to be recorded in writing, as arising out of, or connected with, the Bhopal gas leak disaster.



(3) On the consideration of a claim made under paragraph 4 of the Scheme, if the Deputy Commissioner is of the opinion that the claim falls in a category different from the category mentioned by the claimant, he may decide the appropriate category after giving an opportunity to the claimant to be heard .and also after taking into consideration any facts made available to him in this behalf by the Government or the authorities authorised by the Government in this behalf.



(4) Where the Deputy Commissioner is of the opinion that a claim made under paragraph 4 does not fall in any of the categories specified in sub-paragraph (2) he may refuse to register the claim :

Provided that before so refusing, he shall give a reasonable opportunity for a personal hearing lo the claimant.



(5) If the claimant is not satisfied with the order of the Deputy Commissioner under sub-paragraph (3) or sub-paragraph (4) he may prefer an appeal against such order to the Additional Commissioner, who shall decide the same.



(6) Every appeal under sub-paragraph (5) shall be fled in such Form, as may be specified by the Commissioner, within 60 days from the date on which the order sought to be appealed against is communicated to the claimant preferring the appeal.



(7) The Additional Commissioner shall give a reasonable opportunity to the claimant of being heard before passing an order and a copy of every order passed under this sub-paragraph shall be sent by the Commissioner to the Deputy Commissioner and the claimant.



(8) On categorisation and registration of the claim of a claimant, the Deputy Commissioner shall make available the information to the Commissioner who may transmit the same to the Central Government for enabling it to discharge its function under Sec. 3 of the Act.

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