The Bhopal Gas trasadi (jangam sampatti ke vikrayon ka shoonya ghoshit kiya jana) Adhiniyam 1985

The Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon 
Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985 
(No. 8 of 1985) 
 
 
[Dated 1st May, 1985]  
Received the assent of the President on the 1st May , 1985; assent first published in 
the "Madhya Pradesh Gazette" (Extraordinary) dated the 3rd May, 1985.  
An Act to declare certain transactions of sale of m ovable property entered into by 
certain persons under panic caused by leakage of in jurious gas from Union Carbide 
Factory, Bhopal to be void.  
Be it enacted by the Madhya Pradesh Legislature in the Thirty-sixth Year of the 
Republic of India as follows :  
1. Short title and commencement.  - (1) This Act may be called The Bhopal Gas 
Trasadi (Jangaim Sampatti Ke Vikrayon Ka Shoonya Gh oshit Kiya Jana) Adhiniyam, 
1985.  
(2) It shall be deemed to have come into force on the 24th day of January, 1985.  
2. Definition.  - In this Act unless the context otherwise requires,- 
"Affected area"  means the area comprised within the limits of Muni cipal 
Corporation, Bhopal. 
3. Application to declare transaction of sale to be  void.  - (1) Any person residing 
in the affected area who has under panic caused by leakage of injurious gas from 
Union Carbide Factory, Bhopal sold any of his movab le property during the period 
3rd December, 1984 to 24th December, 1984 to any pe rson may apply to the 
competent authority to be appointed by the State Go vernment which should not be 
below the rank of Collector for declaring the transaction of sale to be void.  
(2) Every application under sub-section (1) shall c ontain the following particulars, 
namely- 
(i) name of the seller with address; 
(ii) name of the purchaser with address; 
(iii) details of movable property sold; 
(iv) consideration received; 
(v) date and place of sale; and 
(vi) such other particulars as may be required. 
(3) The statements in the application shall be veri fied by the applicant in the manner 
required by law for the verification of plaints.  
4. Enquiry by competent authority.  - (1) The competent authority may on receipt of 
an application under Section 3 make such preliminar y enquiry as it may in the 
circumstances of the case deem fit to ascertain whe ther the transaction of sale is of 
the nature specified in Section 3 and on being satisfied that Section 3 applies to such 
transaction, it shall after recording its opinion therefor, proceed to conduct an enquiry 
into such transaction in the manner hereinafter provided.  
(2) The competent authority shall by a notice serve d on the parties to the transaction 
of sale call upon them to place all relevant facts and documents before it at such 
place, on such date and at such time as may be specified in the notice.  
(3) The Competent Authority shall at the place and at the date and time specified in 
the notice afford an opportunity to the parties of being heard in person and may, if 
necessary, examine all of the parties interested in  the sale to elucidate information 
relevant to the sale.  
5. Setting aside sale and return of movable propert y or affording other relief.  - 
(1) If after the enquiry the competent authority is satisfied that- 
(i) the transaction of sale is of the nature specified in Section 3; and 
(ii) the consideration paid in such transaction of sale was not adequate according 
to the market value of such property prevalent on the date of sale, 
it shall declare such transaction to be void notwit hstanding anything contained in any 
other law for the time being in force and shall,- 
(a) pass an order to return the property sold on re payment of the amount of 
consideration by the seller; 
(b) if the purchaser fails to return the property within fifteen days of the order 
passed under clause (a) or where in the opinion of the competent 
authority it is not feasible to return the property , pass order directing the 
purchaser to pay the difference of price under sub-section (2); 
(c) pass such other consequential orders as may be necessary. 
(2) Where the purchaser fails to return the propert y or for any reason to be recorded 
in writing it is not possible to return the propert y to the seller, the competent authority 
shall fix the price of such property according to t he market value of such property 
prevalent on the date of sale and order the purchas er to pay the difference, if any, 
between the price so fixed and the amount of consideration actually paid to the seller 
within a period of fifteen days.  
(3) If the purchaser fails to pay the difference of  price ordered to be paid under sub-
section (2) within the period specified therein the  same shall be recoverable as an 
arrear of land revenue and the amount so recovered shall be paid to the seller.  
6. Penalty.  - Whoever contravenes the provisions of Section 5 shall, without 
prejudice to any action that may be taken by the co mpetent authority under sub-
section (3) of Section 5, be punishable with impris onment which may extend to one 
year or with fine which may extend to one thousand rupees or with both.  
7. Appeal.  - Any person aggrieved by an order of the competen t authority under 
Section 5, may within a period of thirty days of pa ssing of such order, appeal to such 
authority as may be appointed by the State Governme nt in this behalf, in such form 
and manner and accompanied by such fee as may be prescribed :  
Provided that in computing the period aforesaid, ti me requisite for obtaining the copy 
of the order appealed against shall be excluded.  
8. Finality,of order.  - Every order made by the Appellate Authority in a ppeal or any 
order of the competent authority shall, if no appea l is filed, be final and shall not be 
called in question in any Court, tribunal or authority by way of appeal or revision or in 
any original suit application or execution proceeding.  
9. Bar of jurisdiction of Civil Court.  - No Civil Court shall have any jurisdiction to 
settle, decide or deal with any question which is b y or under this Act required to be 
settled, decided or dealt with by the competent authority or the Appellate Authority.  
10. Enquiries and proceedings to be judicial procee dings.  - All enquiries and 
proceedings before the competent authority or the a ppellate authority shall be 
deemed to be judicial proceeding within the meaning  of Sections 193 and 228 of the 
Indian Penal Code, 1860 (No. 45 of 1860) and for th e purposes of Section 196 
thereof.  
11. Repeal.  - The Bhopal Gas Trasadi (Jangam Sampatti Ke Vikra yon Ka Shoonya 
Ghoshit Kiya Jana) Adhyadesh, 1985 (No. 4 of 1985) is hereby repealed.  
Notifications  
(i) Notification No. F. 35-10-85-C-I, dated 23rd Ma rch, 1985, published in 
Madhya Pradesh Rajpatra (Asadharan), dated 23-3-198 5, p. 689.  - In 
exercise of the powers conferred by sub-section (1)  of Section 3 of the Bhopal 
Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya  Ghoshit Kiya Jana) 
Adhyadesh, 1985 (No. 4 of 1985), the State Governme nt hereby appoints the 
Collector, Bhopal Revenue District, Bhopal as the C ompetent Authority for the 
purposes of the said Ordinance. 
(ii) Notification No. F. 35-10-85-C-I, dated 23rd M arch, 1985, published in 
Madhya Pradesh Rajpatra (Asadharan), dated 23-3-198 5.  - In exercise of 
the powers conferred by sub-section (1) of Section 3 of the Bhopal Gas 
Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Gho shit Kiya Jana) 
Adhyadesh, 1985 (No. 4 of 1985), the State Governme nt hereby appoints the 
Additional Commissioner, Bhopal Revenue Division, B hopal as the Appellate 
Authority for the purposes of the Ordinance. 
 

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