[Act No. 06 of 1991] [22nd January, 1991] 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)
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, by notification,
appoint. In this Act,
unless the context otherwise requires,-- (a)
[1]["accident" means an accident involving a fortuitous or sudden
or unintended occurrence while handling any hazardous substance resulting
in continuous or 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[2] as
may be specified, by notification, by the Central Government; (e)
"insurance"
means insurance against liability under sub-section (1) of section 3; (f)
"notification"
means a notification published in the Official Gazette; (g)
[3]["owner" means a person who owns, or has control over
handling, any hazardous substance at the time of accident and includes—
(i)
in the case
of a firm, any of its partners;
(ii)
in the case
of an association, any of its members; and
(iii)
in the case
of a company any of its directors, managers, secretaries or other officers who
is directly in charge of, and is
responsible to, the company for the conduct of the business of the company;] (h)
"prescribed"
means prescribed by rules made under this Act; [(ha) "property" includes any private
property or public property affected or damaged by any unit or undertaking, due
to manufacture, processing, treatment, package, storage, transportation, use,
collection, destruction, conversion, transfer or such other processes of
hazardous substance;][4]“ [(hb)] [5]["Relief
Fund" means the Environmental Relief Fund established under section 7A;][6]“ (i)
"rules"
means rules made under this Act; (j)
"vehicle"
means any mode of surface transport other than railways. (k)
[words and
expressions used and not defined in this Act but defined in the Transfer of
Property Act, 1882 (4 of 1882), and the Environment (Protection) Act,1986 (29
of 1986), shall have the meanings respectively assigned to them in those Acts.][7] (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 reimburse such amount,
or provide such other relief as may be prescribed, for— (a)
death due to
fatal accident; (b)
medical
expenses incurred due to total or partial disability; (c)
loss of
wages due to partial disability; (d)
other injury
or sickness; (e)
damage to
private property; or (f)
such other
loss or damage, as may be prescribed.][8] (2)
In any claim
for relief under sub-section (1) (thereinafter referred to in this Act as claim
for relief), the claimant shall not be required to plead and establish that the
death, injury or damage in respect of which the claim has been made was due to
any wrongful act, neglect or default of any person. Explanation.--For the purpose of this section,--
(i)
"workman"
has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of
1923);
(ii)
"injury"
includes permanent total or permanent partial disability or sickness resulting
out of an accident. (1)
[Every owner
of any undertaking shall take out, before he starts handling any hazardous
substance, one or more insurance policies for such undertaking or unit
providing for contracts of insurance whereby he is insured against liability to
give such relief or reimburse such amount referred to in sub-section (1) of
section 3. Explanation.—For the purposes of this sub-section,
it is hereby clarified that any undertaking having separate consent to operate
under—
(i)
the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974); and
(ii)
the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981), shall be treated
as a separate unit: Provided that any owner handling any hazardous substance immediately before
the commencement of the Jan Vishwas (Amendment of Provisions) Act, 2023 shall
take out such insurance policy or policies as soon as may be and in any case
within a period of one year from commencement of that Act.][9] (2)
Every owner
shall get the insurance policy, referred to in sub-section (1), renewed from
time to time before the expiry of the period of validity thereof so that the
insurance policies may remain in force throughout the period during which such
handling is continued. [(2A) An
insurance policy taken out or renewed by an owner for any undertaking or unit
shall be for an amount which shall not be less than the amount of the paid-up
capital of that undertaking or unit handling any hazardous substance owned or
controlled by that owner and may extend to such amount as may be prescribed but
not exceeding five hundred crore rupees. Explanation.— For the purposes of this sub-section
“paid-up capital”, in relation to an owner not being a company, means the
market value of all assets and stocks of the undertaking on the date of
contract of insurance.][10]][11]][12] (2B) The
liability of the insurer under one insurance policy shall not exceed the amount
specified in the terms of the contract of insurance in that insurance policy. (2C) Every
owner shall also, together with the amount of premium, pay to the insurer, for
being credited to the Relief Fund established under section 7A, such further
amount, not exceeding the sum equivalent to the amount of premium, as may be
prescribed. (2D) The
insurer shall remit to the authority specified in sub-section (3) of section 7A
the amount received from the owner under sub-section (2C) for being credited to
the Relief Fund in such manner and within such period as may be prescribed and
where the insurer fails to so remit that amount, it shall be recoverable from
the insurer as arrears of land revenue or of public demand]. (3)
The Central
Government may, by notification, exempt from the operation of sub-section (1)
any owner, namely:-- (a)
the Central Government; (b)
any State
Government; (c)
any
corporation owned or controlled by the Central Government or a State
Government; or (d)
any local
authority: Provided that no such order shall be made in relation to such owner
unless a fund has been established and is maintained by that owner in
accordance with the rules made in this behalf for meeting any liability under
sub-section (1) of section 3. Whenever it comes to the notice of the Collector that an accident has
occurred at any place within his jurisdiction, he shall verify the occurrence
of such accident and cause publicity to be given in such manner as he deems fit
for inviting applications under sub-section (1) of section 6. (1)
An
application for claim for relief may be made— (a)
by the
person who has sustained the injury; (b)
by the owner
of the property to which the damage has been caused; (c)
where death
has resulted from the accident, by all or any of the legal representatives of
the deceased; or (d)
by any agent
duly authorised by such person or owner of such property or all or any of the
legal Representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have
not joined in any such application for relief, the application shall be made on
behalf of or for the benefit of all the legal representatives of the deceased
and the legal representatives who have not so joined shall be impleaded as
respondents to the application. [(1A) Where any damage has been caused to any
public property or private property due to manufacture, processing, treatment,
package, storage, transportation, use, collection, destruction, conversion,
transfer or such other processes, of such hazardous substance, an application
for claim for restoration of the property may be made by the owner of the
property or such other person, as may be prescribed, to the Collector.][13] (2)
Every
application under sub-section (1) shall be made to the Collector and shall be
in such form, contain such particulars and shall be accompanied by such
documents as may be prescribed. (3)
No
application for relief shall be entertained unless it is made within five years
of the occurrence of the accident. (1)
On receipt
of an application under sub-section (1) 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
the claims, and may make an award determining the amount of relief which
appears to him to be just and specifying the person or persons to whom such
amount of relief shall be paid. (2)
The
Collector shall arrange to deliver copies of the award to the parties concerned
expeditiously and in any case within a period of fifteen days from the date of
the award. (3)
[14][When an award is made under this section,-- (a)
the insurer,
who is required to pay any amount in terms of such award and to the extent
specified in sub-section (2B) of section 4, shall, within a period of thirty
days of the date of announcement of the award, deposit that amount in such
manner as the Collector may direct; (b)
the
Collector shall arrange to pay from the Relief Fund, in terms of such award and
in accordance with the scheme under section 7A, to the person or persons
referred to in sub-section (1) such amount as may be specified in that scheme; (c)
the owner
shall, within such period, deposit such amount in such manner as the Collector
may direct.] (4)
In holding
any inquiry under sub-section (1), the Collector may, subject to any rules made
in this behalf, follow such summary procedure as he thinks fit. (5)
The
Collector shall have all the powers of a Civil Court for the purpose of taking
evidence on oath and of enforcing the attendance of witnesses and of compelling
the discovery and production of documents and material objects and for such
other purposes as may be prescribed; and the Collector shall be deemed to be a
Civil Court for all the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973 (2 of 1974). (6)
Where the
insurer or the owner against whom the award is made under sub-section (1) fails
to deposit the amount of such award within the period specified under
sub-section (3), such amount shall be recoverable from the owner, or as the
case may be, the insurer as arrears of land revenue or of public demand. (7)
A claim for
relief in respect of death of, or injury to, any person or damage to any
property shall be disposed of as expeditiously as possible and every endeavour
shall be made to dispose of such claim within three months of the receipt of
the application for relief under sub-section (1) of section 6. (8)
[15][Where an owner is likely to remove or dispose of
his property with the object of evading payment by him of any amount of the
award, the Collector may, in accordance with the provisions of rules 1 to 4 of
Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 of
1908), grant a temporary injunction to restrain such act.] (9)
[Where the
environment is affected or damaged due to manufacture, processing, treatment,
package, storage, transportation, use, collection, destruction, conversion,
transfer or such other processes, of such hazardous substance, the Central Government
may, on an application made by the Central Pollution Control Board or the State
Pollution Control Board, as the case may be, allocate the fund from the
Environmental Relief Fund for restoration of the damage so caused in the manner
as may be prescribed.][16] (1)
The Central
Government may, by notification, establish a fund to be known as the
Environmental Relief Fund. [(1A) There
shall be credited to the Relief Fund established under sub-section (1)— (a)
the amount
referred to in sub-section (2C) of section 4; (b)
the amount
of penalty imposed under this Act; (c)
the interest
or other income received out of investments made from the Fund; and (d)
any other
amount from such sources, as may be prescribed.][17] (2)
The Relief
Fund shall be utilised for paying, in accordance with the provisions of this
Act and the scheme made under sub-section (3), relief under the award made by
the Collector under section 7. (3)
The Central
Government may, by notification, make a scheme specifying the authority in
which the Relief Fund shall vest, the manner in which the Relief Fund shall be
administered, the form and the manner in which money shall be drawn from the
Relief Fund and for all other matters connected with or incidental to the
administration of the Relief Fund and the payment of relief therefrom.][18] (1)
The right to
claim relief under sub-section (1) 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. (2)
Notwithstanding
any thing contained in sub-section (1), where in respect of death of, or injury
to, any person or damage to any property, the owner, liable to give claim for
relief, is also liable to pay compensation under any other law, the amount of
such compensation shall be reduced by the amount of relief paid under this Act. 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 complied with, require any owner to
submit to that person such information as that person may reasonably think
necessary. Any person, authorised by the 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
complied with and such owner is bound to render all assistance to such person. (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 (1) of section 4, he may enter into
and search such place, premises or vehicle for such handling of hazardous
substance. (2)
Where, as a
result of any search under sub-section (1) any handling of hazardous substance
has been found in relation to which contravention of subsection (1) of section
4 has taken place, he may seize such hazardous substance and other things
which, in his opinion, will be useful for, or relevant to, any proceeding under
this Act: Provided that where it is not practicable to seize any such substance or
thing, he may serve on the owner an order that the owner shall not remove, part
with or otherwise deal with, the hazardous substance and such other things
except with the previous permission of that person. (3)
He may, if
he has reason to believe that it is expedient to do to prevent an accident
dispose of the hazardous substance seized under sub-section (2) immediately in
such manner as he may deem fit. (4)
All expenses
incurred by him in the disposal of hazardous substances under sub-section (3)
shall be recoverable from the owner as arrears of land revenue or of public
demand. 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, authority or agency and such owner, person, officer, authority
or agency shall be bound to comply with such directions. Explanation--For the removal of doubts, it is hereby declared that the
power to issue directions under this section includes the power to direct-- (a)
prohibition
or regulation of the handling of any hazardous substance; or (b)
stoppage or
regulation of the supply of electricity, water or any other service (1)
If the
Central Government or any person authorised[19]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 of 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— (a)
direct such
owner to desist from such handling; (b)
authorise
the Central Government or, as the case may be, the person referred to in sub-section
(1), if the direction under clause (a) is not complied with by the owner to
whom such direction is issued, to implement the direction in such manner as may
be specified by the Court. (4)
All expenses
incurred by the Central Government, or as the case may be, the person in
implementing the directions of Court under clause (b) of subsection (3), shall
be recoverable from the owner as arrears of land revenue or of public demand. (1)
Where
any person contravenes any of the provisions of sub-section (1), sub-section
(2), sub-section (2A) or sub-section (2C) of section 4, he shall be liable to
penalty equal to the amount of annual premium for insurance policy and may
extend to twice the amount of such premium. (2)
Where
contravention under subsection (1) continues, an additional penalty may be
imposed by the adjudicating officer, which shall not exceed the amount of
premium to be paid, for each month or part thereof during which the contravention
continues. ][20]][21] [(1) Where
any person does not comply with any direction issued under section 12, he shall
be liable to penalty which shall not be less than ten thousand rupees which may
extend to fifteen lakh rupees. (2) Where
any person continues non-compliance under sub-section (1), he shall be liable
to additional penalty to be imposed by the adjudicating officer, which shall
not be less than ten thousand rupees for every day during which such
non-compliance continues. (3) Where
any owner does not comply with the direction issued under section 9 or
obstructs any person in discharge of his functions under section 10 or under
sub-sections (1), (2) or (3) of section 11, he shall be liable to penalty which
shall not be less than ten thousand rupees but which may extend to fifteen lakh
rupees. (4) Where
any person continues non-compliance under sub-section (3), he shall be liable
to additional penalty of ten thousand rupees for every day during which such
non-compliance continues.][22]][23] (1)
The Central
Government, for the purposes of determining the penalties under sections 14 or
15, may appoint the District Magistrate having jurisdiction over the area or an
officer not below the rank of Director to the Government of India or an officer
not below the rank of Joint Secretary to the State Government, to be the
adjudicating officer, to hold an inquiry and impose penalty in the manner, as
may be prescribed: Provided that the Central Government may appoint as many
adjudicating officers as may be required. (2)
The
adjudicating officer may summon and enforce the attendance of any person
acquainted with the facts and circumstances of the case to give evidence or to
produce any document, which in the opinion of the adjudicating officer, may be
useful for, or relevant to, the subject matter of the inquiry and if, on such
inquiry, he is satisfied that the person concerned has failed to comply with
the provisions of sub-section (1), sub-section (2), sub-section (2A) or
sub-section (2C) of section 4 and section 12, he may determine such penalty as
he thinks fit under the provisions of sections 14 and 15: Provided that no such penalty shall be imposed without giving the person
concerned a reasonable opportunity of being heard.][24] (1)
Whoever
aggrieved by the order, passed by the adjudicating officer under section 15A,
may prefer an appeal to the National Green Tribunal established under section 3
of the National Green Tribunal Act, 2010 (19 of 2010). (2)
Every appeal
under sub-section (1) shall be filed within sixty days from the date on which
the copy of the order made by the adjudicating officer is received by the
aggrieved person. (3)
The Tribunal
may, after giving the parties to the appeal an opportunity of being heard, pass
such order as it thinks fit, confirming, modifying or setting aside the order
appealed against. (4)
Where an
appeal is preferred against any order of the adjudicating officer under
sub-section (1), such appeal shall not be entertained by the Tribunal unless
such person has deposited with the Tribunal ten per cent. of the amount of the
penalty imposed by the adjudicating officer.][25] [***][26] (1)
Where
contravention of any provision of this Act has been committed by any Department
of the Central Government or State Government, the Head of the Department shall
be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for such contravention, if he
proves that the contravention was committed without his knowledge or
instructions or that he exercised all due diligence to prevent such
contravention. (2)
Where any
contravention under sub-section (1) is attributable to any neglect on the part
of, any officer, other than the Head of the Department, he shall be liable to
penalty equal to one month of his basic salary: Provided that he shall not be liable for the contravention, if he proves
that he exercised all due diligence to avoid such contravention.[28] [Where any penalty or additional
penalty, as the case may be, is imposed under section 14 or section 15 or
section 17, the amount of such penalty shall be credited to the Environmental
Relief Fund established under section 7A.][29] [(1)
Where any person fails to pay the penalty or additional penalty imposed for— (a)
contravention or continued contravention under
section 14 or 17, as the case may be; or (b)
non-compliance of the directions issued under
section 15, within ninety days of such imposition, he shall be liable for
imprisonment which may extend to three years or with fine which may extend up
to fifteen lakh rupees, or with both. (2) Where any offence under subsection (1) 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 such offence and shall be liable to be proceeded against
and punished accordingly: Provided that nothing contained
in this sub-section shall render any such person liable to any punishment
provided in this Act, 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. (3) Notwithstanding anything contained in
sub-section (2), where an offence under this Act has been committed by a
company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of
this section,— (a) "company" means any body corporate and
includes a firm or other association of individuals; (b) "director" includes director of the
company and in relation to a firm, a partner in the firm.][30] [31]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 authorised1in this behalf by
that Government; or (b)
any person
who has given notice of not less than sixty days in the manner prescribed, of
the alleged offence and of his intention to make a complaint, to the Central
Government or the authority or officer authorised as aforesaid. 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.) 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 done in good faith in pursuance of
this Act or the rules made or orders or directions issued thereunder. (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— (a)
three
officers representing the Central Government; (b)
two persons
representing the insurers; (c)
two persons
representing the owners; and (d)
two persons
from amongst the experts of insurance or hazardous substances to be appointed
by the Central Government. (3)
The Chairman
of the Advisory Committee shall be one of the members representing the Central
Government, nominated in this behalf by that Government. The provisions of this Act and any rules made thereunder shall have
effect notwithstanding anything inconsistent therewith contained in any other
law. (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:-- (a)
such amount
under subsection (2A) of section 4;][32]][33] (aa) the
amount required to be paid by every owner for being credited, to the Relief
Fund under sub-section (2C) of section 4; (ab) the
manner in which and the period within which the amount received from the owner
is required to be remitted by the insurer under subsection (2D) of section 4;] (ac) [34][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; (c)
the
procedure for holding an inquiry under sub-section (4) of section 7; (d)
the purposes
for which the Collector shall have powers of a Civil Court under sub-section
(5) of section 7; (e)
the manner
in which notice of the offence and of the intention to make a complaint to the
Central Government shall be given under clause (b) of section 18; [(ea) amount
or relief and any other loss or damage under subsection (1) of section 3; (eb) such
other person under sub-section (1A) of section 6; (ec) manner
of allocation of fund for restoration of damage under sub-section (9) of
section 7; (ed) any
other amount from other sources under clause (d) of subsection (1A) of section
7A; (ee) manner
of holding inquiry and imposing penalty under subsection (1) of section 15A;][35]. (f)
any other
matter which is required to be, or may be, prescribed. (3)
Every [36][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 for 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 [37][rule or scheme] or both Houses agree that
the [38][rule or scheme] should not be made, the [39][rule or scheme] shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that [40][rule or scheme]. SCHEDULE [41][***] Statement of Objects and
Reasons - PUBLIC LIABILITY INSURANCE ACT, 1991 STATEMENT OF OBJECTS AND
REASONS 1.
The growth
of hazardous industries, processes and operations in India has been accompanied
by the growing risks from accidents, not only to the workmen employed in such
undertakings, but also innocent members of the public who may be in the
vicinity. Such accidents lead to death and injury to human beings and other
living beings and damage private and public properties. Very often, the
majority of the people affected are from the economically weaker sections and
suffer great hardships because of delayed relief and compensation. While
workers and employees of hazardous installations are protected under separate
laws, members of the public are not assured of any relief except through long
legal processes. Industrial units seldom have the willingness to readily compensate
the victims of accidents and the only remedy now available for the victims is
to go through prolonged litigation in a Court of Law. Some units may not have
the financial resources to provide even minimum relief. 2.
It is felt
essential, therefore, to provide for Mandatory Public Liability Insurance for
installations handling hazardous substances to provide minimum relief to the
victims. Such an insurance apart from safeguarding the interests of the victims
of accidents would also provide cover and enable the industry to discharge its
liability to settle large claims arising out of major accidents. If the
objective of providing immediate relief is to be achieved, the mandatory public
liability insurance should be on the principle of "no fault"
liability as it is limited to only relief on a limited scale. However,
availability of immediate relief would not prevent the victims to go to Courts
for claiming larger compensation. 3.
The Bill
seeks to achieve the above objectives. [1] Substituted by Act 11 of 1992, section 2
(w.r.e.f. 31.1.1992). [2] For the quantities specified by the Central
Government see Appendix I. [3] Substituted
by Act 11 of 1992, section 2 (w.r.e.f. 31.1.1992). [4] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023. [5] Inserted by Act 11 of 1992, section 2
(w.r.e.f. 31.1.1992). [6] Renumbered by THE JAN VISHWAS (AMENDMENT OF PROVISIONS)
ACT, 2023 NO. 18 OF 2023. [7] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023. [8] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for “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 the Schedule
for such death, injury or damage.” [9] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for “Every owner shall take out, before he
starts handling any hazardous substance, one or more insurance policies
providing for contracts of insurance whereby he is insured against liability to
give relief under sub-section (1) of section 3: Provided
that any owner handling any hazardous substance immediately before the
commencement of this Act shall take out such insurance policy or policies as
soon as may be and in any case within a period of one year from such
commencement.” [10] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [11] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023:- “for [No
insurance policy taken out or renewed by an owner shall be for an amount less
than the amount of the paid-up capital of the undertaking handling any
hazardous substance and owned or controlled by that owner, and more than the
amount, not exceeding fifty crore rupees, as may be prescribed. Explanation.--For
the purposes of this sub-section, "paid-up capital" means, in the
case of an owner not being a company, the market value of all assets and stocks
of the undertaking on the date of contract of insurance.” [12] Inserted by Act 11 of 1992, section 2
(w.r.e.f. 31.1.1992). [13] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [14] Substituted by Act 11 of 1992, section 4
(w.r.e.f. 31-1-1992) [15] Inserted by Act 11 of 1992, section 4
(w.r.e.f. 31.1.1992) [16] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [17] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [18] Inserted by Act 11 of 1992, section 5,
(w.r.e.f. 31.1.1992) [19] For list of officers authorised by the Central
Government see Appendix II. [20] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for Penalty for contravention of
[sub-section (1) or sub-section (2) or sub-section (2A) or sub-section (2C)] of
section 4 or failure to comply with directions under section 12 [21] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for” (1) Whoever
contravenes any of the provisions of [sub-section (1) or sub-section (2)
or sub-section (2A) or sub-section (2C)] of section 4 or fails to comply with any
direction issued under section 12, he shall be punishable with 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. (2) Whoever,
having already been convicted of an offence under sub-section (1), is convicted
for the second offence or any offence subsequent to the second offence, he
shall be punishable with imprisonment for a term which shall not be less than
two years but which may extend to seven years and with fine which shall not be
less than one lakh rupees. (3) Nothing
contained in section 360 of the Code of Criminal Procedure, 1973 (2
of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply
to a person convicted of an offence under this Act unless such person is under
eighteen years of age.” [22] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for ”If 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.” [23] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for “Penalty for failure to comply with
direction under section 9 or order under section 11 or obstructing any person
in discharge of his functions under section 10 or 11” [24] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [25] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [26] Omitted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 “Section 16 - Offences by companies (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 offence and shall be
liable to be proceeded against and punished accordingly: Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act, 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. (2)
Notwithstanding any thing contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any
neglect on the part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly. Explanation.--For
the purposes of this section,-- (a)
"company" means any body corporate and includes a firm or other
association of individuals; (b)
"director", in relation to a firm, means a partner in the firm.” [27] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for Offences by Government Departments [28] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for “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 preceded
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.” [29] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [30] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [31] For list of authorities or officers authorised by
the Central Government see Appendix II. [32] Inserted by Act 11 of 1992, Section 7
(w.r.e.f. 31.1.1992) [33] Substituted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 for [the maximum amount for which an
insurance policy may be taken out by an owner under sub-section (2A) of section
4; [34] Clause (a) re-lettered as clause (ac) by Act
11 of 1992, section 7 (w.r.e.f. 31.1.1992). [35] Inserted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023 [36] Substituted
by Act 11 of 1992, Section 7, for "rule" (w.r.e.f. 31.1.1992). [37] Substituted
by Act 11 of 1992, Section 7, for "rule" (w.r.e.f. 31.1.1992). [38] Substituted
by Act 11 of 1992, Section 7, for "rule" (w.r.e.f. 31.1.1992). [39] Substituted
by Act 11 of 1992, Section 7, for "rule" (w.r.e.f. 31.1.1992). [40] Substituted
by Act 11 of 1992, Section 7, for "rule" (w.r.e.f. 31.1.1992). [41] Omitted by THE JAN VISHWAS (AMENDMENT OF
PROVISIONS) ACT, 2023 NO. 18 OF 2023.THE SCHEDULE [See section
3(1)] (a)
Reimbursement of medical expenses incurred up to a maximum of Rs.12,500 in each
case. (b) For
fatal accidents the relief will be Rs.25,000 per person in addition to
reimbursement of medical expenses, if any, incurred on the victim up to a
maximum of Rs.12,500. (c) For
permanent total or permanent partial disability or other injury or sickness,
the relief will be (a) reimbursement of medical expenses incurred, if any, up
to a maximum of Rs.12,500 in each case and (b) cash relief on the basis of
percentage of disablement as certified by an authorised physician. The relief
for total permanent disability will be Rs.25,000. (d) For loss
of wages due to temporary partial disability which reduces the earning capacity
of the victim, there will be a fixed monthly relief not exceeding Rs. 1,000 per
month up to a maximum of 3 months: provided the
victim has been hospitalised for a period exceeding 3 days and is above 16
years of age. (e) Up to
Rs.6,000 depending on the actual damage, for any damage to private property.PUBLIC LIABILITY INSURANCE ACT, 1991 (Amended Upto 2023)
PREAMBLE
Section 7A – [Establishment of Environmental Relief Fund
Section 14 – [Penalty for contravention
Section 15 – [Penalty for non-compliance of directions
Section 17 – [Penalty for contravention by Government Department][27]