THE PUBLIC LIABILITY INSURANCE ACT , 1991

a9a2d31f8456977888a07bcebe4da27525948243 · 1991 · State unknown

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Parent: THE PUBLIC LIABILITY INSURANCE ACT, 1991 (e68643f0926c18eafeca5e0a4965e4ad1f9fa6eb)

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THE PUBLIC LIABILITY INSURANCE ACT , 1991 No . 6 of 1991 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi , the 23rd January , 1991 Magha , 3 , 1912 (Saka) The following Act of Parliament received the assent of the President on the 22nd January , 1991 , and is hereby published for general information:- An Act to provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto . BE it enacted by Parliament in the forty-first Year of The Republic of India as follows:- 1 . (1) This Act may be called the Public Liability Insurance Act , 1991 . It shall come into force on such date as the Central Government may , b) notification , appoint . 2 . In this Act , unless the context otherwise requires . - 1[(a) " accident " means an accident involving a fortuitous , sudden or unintentional occurrence while handling any hazardous substance resulting in continuous , intermittent or repeated exposure to death , of or injury to , any person or damage to any property but does not include an accident by reason only of war or radio-activity;] (b) " Collector means the Collector having jurisdiction over the area in which the accident occurs; (c) " handling " , in relation to any hazardous substance , means the manufacture , processing , treatment , package , storage , transportation by vehicle , use , collection , destruction , conversion , offering for sale , transfer or the like of such hazardous substance; (d) " hazardous substance " means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act , 1986 (29 of 1986) , and exceeding such quantity as may be specif

Rule TOC

1 · . (1) This Act may be called the Public Liability Insurance Act , 1991 .

2 · . In this Act , unless the context otherwise requires . -

3 · . (1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident , the owner shall -be liable to give such relief as is specified in Schedule for such death ,

4 · . (1) Every owner shall take out , before he starts handling any hazardous substance , one or more insurance policies providing for contracts of insurance thereby he is insured against liability to give relief under sub -s -section (1) of section 3;

5 · . Whenever it comes to the notice of the Collector that an accident has occurred at any place within his

6 · . (1) An application for claim {or relief may be made-

7 · . (1) On receipt of an application under sub-section (I) of section 6 , the Collector shall after giving notice of the application to the owner and after giving the parties an opportunity of being heard , hold an inquiry into the claim or, r, each of he claims , and may make an award determining the amount of relief which appears to him to be just and specifying thc person or persons to whom such amount of relief shall be paid .

5 · [(3) When an award is made under this section , -

6 · [(8) Where an owner is likely to remove or dispose of his property with a view to evading payment by him of the amount of award , the Collector may , in accordance with the provisions contained in rules I to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure , 1908 , (5 of 1908) , grant a temporary injuction to restrain such act . ]

7 · [7A . (I) the Central Government may , by notification in the official Gazette , establish a fund to bc known as the Environment Relief Fund .

8 · . (1) Thc right to claim relief under sub-section (I) of section 3 in respect of death of , or injury to , any person or damage to any property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force .

9 · . Any person authorised by the Central Government may , for the purposes of ascertaining whether any requirements of this Act or of any rule or of any direction given under this Act have been compiled with , require any owner to submit to that person such information as that person may reasonably think necessary .

10 · . Any person , authorised by thc Central Government in this behalf , shall have a right to enter, r, at all reasonable times with such assistance as he considers necessary , any place , premises or vehicle , where hazardous substance is handled for the purpose of determining whether any provisions of this Act or of any rule or of any direction given under this Act is being or has been compiled with and such owner is bound to render all assistance to such person .

11 · . (1) If a person , authorised by the Central Government in this behalf , has reason to believe that handling of any hazardous substance is taking place in any place premises or vehicle , in contravention of sub -section (I) of section 4 , he may enter into and search such place , premises or vehicle for such handling of hazardous substance .

12 · . Notwithstanding anything contained in any other law but subject to the provisions of this Act , the Central Government may , in exercise of its powers and performance of its functions under this Act , issue such directions in writing as it may deem fit for the purposes of this Act to any owner or any person , officer, r, authority or agency and such owner, r, person , officer, r, authority or agency shall be bound to comply with such directions .

13 · . (1) If the Central Government or any person authorised by that Government in this behalf has reason to believe that any owner has been handling any hazardous substance in contravention of any of the provisions of this Act , that Government or, r, as the case may be , that person may make an application to a Court , not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate first class for restraining such owner from such handling .

14 · . (1) Whoever contravenes any of the provisions of 8 [sub-section (1) , sub -s -section (2) , sub -s -section (2A) or sub -s -section (2C)] of section 4 or fails to comply with any directions issued under section 12 , he shall be punishable imprisonment for a term which shall not be less than one year and six months but which may extend to six years , or with fine which shall not be less than one lakh rupees , or with both

15 · . If any owner fails to comply with direction issued under section 9 or fails to comply with order issued under sub -s -section (2) of section 11 , or obstructs any person in discharge of his functions under section 10 or sub -s -section (1) or sub-section (3) of section 11 , he shall be punishable with imprisonment which may extend to three months , or with fine which may extend to ten thousand rupees , or with both

16 · . (1) Where any offence under this Act has been committed by a company , every person who , at the time the offence was committed , was directly in charge of , and was responsible to , the company for the conduct of the business of the company , as well as the company , shall be deemed to be guilty of the

17 · . Where an offence under this Act has been committed by any Department of Government , the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

18 · . No court shall take cognizance of any offence under this Act except on a complaint made by-

19 · . the Central Government may , by notification delegate , subject to such conditions and limitations as may be specified in the notification , such of its powers and functions under this Act (except the power under section 23) as it may deem necessary or expedient to any person (including any officer, r, authority or other agency) .

20 · . No suit , prosecution or other legal proceeding shall lie against the Government or the person , officer, r, authority or other agency in respect of anything which is done or intended to be do11e in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder .

21 · . (1) The Central Government may , from time to time , constitute an Advisory Committee on the matters relating to the insurance policy under this Act .

22 · . The provisions of this Act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law

23 · . (1) The Central Government may , by notification , make rules for carrying out the purposes of this Act .

9 · [(a) the maximum amount for which an insurance policy may be taken out by an owner under subsection (2A) of section 4;

10 · [(ac) establishment and maintenance of fund under sub-section (3) of section 4];

11 · [(3) Every rule or scheme made under this Act shall be laid , as soon as may be after it is made , before each House of Parliament , while it is in session [or 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 rule or scheme or both Houses agree that the rule or scheme should not be made , the rule or scheme shall thereafter have effect only in such modified form or be of no effect , as the case may be; so , . however, r, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme . ]

1 · Substituted by Public Liability Insurance (Amendment) Act . 1992 dt . 31 . 1 . 92 .

2 · Substituted by Public Liability Insurance (Amendment) Act . 1942 , dated 31 . 1 . 1992 .

3 · Ibid .

4 · Inserted by Public Liability Insurance (Amendment) Act , 1992 dt . 31 . 1 . 1992 .

5 · Substituted by Public Liability Insurance (Amendment) Act , 1992 dt . 3] . 1 . 1992 .

6 · Z bid

7 · Inserted by Public Liability Insurance (Amendment) Act , 1992 dl . 31 . 1 . 92 .

8 · Substituted by Public Liability Insurance (Amendment) Act , 1992 dt . 31 . 1 . 92 .

9 · Inserted by Public Liability Insurance (Amendment) Act , 1992 dt . 31 . 1 . 92 .

10 · ibid . re-lettered:

11 · Substituted by Public Liability Insurance (Amendment) Act , 1992 dt . 31 . 1 . 92 .

1 · [NOTIFICATION]

1 · Extract from the Gazette of India:Pan II , Sec . 3 , Sub -s -sec . (i) Appearing on Page No . 1003 dated 13 -4 -4 -9 -91 .