THE PUBLIC LIABILITY INSURANCE ACT, 1991

regulations · 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 [22nd January, 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. (2) 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) "Cdllector_ 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, cdlection, 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 specified, by notification; b

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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, HTML TO PDF

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

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; each of he clims, 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;

7 · [TA 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 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; 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) #fa 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.

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; 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: (2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit: (3) Where under sub-section (2), the Court makes an order restraining any owner from handling hazardous substance. it may. in that order-

14 · (1) Whoever contravenes any of the provisions of [sub-section (1) , sub-section (2) , sub-section (2A) or sub-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 · Ff any owner fails to comply with direction issued under section 9 or fails to comply with order issued under sub-section (2) of section 11, or obstructs any person in discharge of his functions under section 10 or sub-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 HTML To PDF

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: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 18. No court shall take cognizance of any offence under this Act except on a complaint made by- (a) the Central Government or any authority or officer authorised in this behalf by that Government; or

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; authority or other agency): 20 _ No suit, prosecution or other legal proceeding shall lie against the Government or the person; officer; authority or other agency in respect of anything which is done or intended to be dol1e 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: (2) The Advisory Committee shall consist of_

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: (2) In particular; and without prejudice to the generality of the foregoing power; such rules may provide for all or any of the following matters, namely- 9[(a) the maximum amount for which an insurance policy may be taken out by an owner under sub- section (2A) of section 4; (aa) the amount required to be paid by every owner for being eredited to the Relief Fund under sub- section (2C) of section 4;

10 · '[(ac) establishment and maintenance of fund under sub-section (3) of section 4]; (b) the form of application and the particulars to be given therein and the documents to accompany such application under sub-section (2) of section 6;