PUBLIC LIABILITY INSURANCE ACT, 1991

6 of 1991

22nd January, 1991

STATEMENT OF OBJECTS AND REASONS [Act 6 of 1991] 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.

Section 1 Short title and commencement

This Act may be called the Public Liability Insurance Act, 1991.

(1) It shall come into force on such date as the Central Government may, by notification, appoint.

Section 2 Definitions

In this Act, unless the context otherwise requires, 11. Clause (a) substituted by Act 11 of 1992, s. 2(i) and shall be deemed to have come into force w.e.f. 31-1-1992. [

(a) "Accident" means an accident involving a fortuitous or sudden or unintented 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 radioactivity;

]

(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 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;

11. Clause (g) substituted by Act 11 of 1992, s. 2(ii) and shall be deemed to have come into force w.e.f. 31-1-1992. [

(g) "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;

22. Clause (h-a) inserted by Act 11 of 1992, s. 2(iii) and shall be deemed to have come into force w.e.f. 31-1-1992. [

(ha) "Relief Fund" means the Environmental Relief Fund established under Section 7-A;

]

(i) "Rules" means rules made under this Act;

(j) "Vehicle" means any mode of surface transport other than railways.

Section 3 Liability to give relief in certain cases on principle of no fault

(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 the Schedule for such death, injury or damage.

(2) In any claim for relief under sub-section (1) (hereinafter 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 purposes 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.

Section 4 Duty of owner to take out insurance policies

(1) 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.

(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.

11. Sub-sections (2-A), (2-B), (2-C) and (2-D) inserted by Act 11 of 1992, s. 3 and shall be deemed to have come into force w.e.f. 31-1-1992. [

(2A) 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.

(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 7-A, 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 7-A the amount received from the owner under sub-section (2-C) 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.

Section 5 Verification and publication of accident by Collector

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.

Section 6 Application for claim for relief

(1) An application for claim for relief may by 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.

(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.

Section 7 Award of relief

(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.

11. Sub-section (3) substituted by Act 11 of 1992, s. 4(a) and shall be deemed to have come into force w.e.f. 31-1-1992. [

(3) 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 (2-B) 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 made under Section 7-A, 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.

11. Sub-section (8) inserted by Act 11 of 1992, s. 4(b) and shall be deemed to have come into force w.e.f. 31-1-1992. [

(8) 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.

Section 7A Establishment of Environment Relief Fund

22. Section 7-A inserted by Act 11 of 1992, s. 5 and shall be deemed to have come into force w.e.f. 31-1-1992.

(1) The Central Government may, by notification, establish a fund to be known as the Environmental Relief Fund.

(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

Section 8 Provisions as to other right to claim compensation for death, etc

(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 anything 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.

Section 9 Power to call for information

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.

Section 10 Power of entry and inspection

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.

Section 11 Power of search and seizure

(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 substances.

(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 sub-section (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 so 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.

Section 12 Power to give directions

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.

Section 13 Power to make application to Courts for restraining owner from handling hazardous substances

(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 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 sub-section (3), shall be recoverable from the owner as arrears of land revenue or of public demand.

Section 14 Penalty for contravention of 1[sub-section (1) or sub-section (2) or sub-section (2-A) or sub-section (2-C)] of Section 4 or failure to comply with directions under Section 12

(1) Whoever contravenes any of the

(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.

Section 15 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

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.

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 anything 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.

Section 17 Offences by Government Departments

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.

Section 18 Cognizance of offences

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

(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.

Section 19 Power to delegate

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).

Section 20 Protection of action taken in good faith

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.

Section 21 Advisory Committee

(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 the Government.

Section 22 Effect of other laws

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

Section 23 Power to make rules

(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: 11. Clauses (a), (aa) and (ab) inserted by Act 11 of 1992, s. 7(a)(ii) and shall be deemed to have come into force w.e.f. 31-1-1992. [

(a) the maximum amount for which an insurance policy may be taken out by an owner under sub-section (2-A) of Section 4;

(aa) the amount required to be paid by every owner for being credited to the Relief Fund under sub-section (2-C) 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 sub-section (2-D) of Section 4;

22. Clause (a) re-relettered as clause (ac) by Act 11 of 1992, s. 7(a)(i) and shall be deemed to have come into force w.e.f. 31-1-1992. [(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;

(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;

(f) any other matter which is required to be, or may be, prescribed.

(3) Every 33. Substituted for the word "rule" by Act 11 of 1992, s. 7(b) and shall be deemed to have come into force w.e.f. 31-1-1992. [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 [rule or scheme] or both Houses agree that the 22. Substitutead for the word "rule" by Act 11 of 1992, s. 7(b) and shall be deemed to have come into force w.e.f. 31-1-1992 [rule or scheme] should not be made, the 33. Substituted for the word "rule" by Act 11 of 1992, s. 7(b) and shall be deemed to have come into force w.e.f. 31-1-1992. [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 44. Substituted for the word "rule" by Act 11 of 1992, s. 7(b) and shall be deemed to have come into force w.e.f. 31-1-1992. [rule or scheme].

SCHEDULE 1 THE SCHEDULE

SCHEDULE [See Section 3(1)]

PUBLIC LIABILITY INSURANCE RULES, 1991

In exercise of the powers conferred by Section 23 of the Public Liability Insurance Act, 1991, the Central Government hereby makes the following rules, namely:

Rule 1 Short title and commencement

(i) These rules may be called the Public Liability Insurance Rules, 1991.

Rule 2 Definitions

In these rules, unless the context otherwise requires:

(a) "Act" means the Public Liability Insurance Act, 1991 (6 of 1991);

(b) "Advisory Committee" means the committee constituted by the Central Government in accordance with Section 21 of the Act called the Public Liability Insurance Advisory Committee (PLIAC);

(c) "Authorised physician" means any person registered under any Central Act or State Act providing for the maintenance of a register of medical practitioners or in any area where no such last mentioned Act is in force, any person declared by State Government by notification in the Official Gazette to be a qualified medical practitioner;

(d) ["Fund" means the Public Liability Insurance Fund established] and maintained by an owner in accordance with the proviso to sub-section (3) of Section 4 of the Act;

(e) Words and expression used in these rules but not defined and defined in the Act shall have the meanings respectively assigned to them in these Acts.

Rule 3 Application for relief

An application for claim for relief shall be made to the Collector in Form I.

Rule 4 Documents that may be required

The claim application shall be made to the Collector in Form I accompanied by such of the following documents as may be applicable.

(i) Certificate of an authorised physician regarding disability or injury or illness caused by the accident;

(ii) Death Certificate and/or post-mortem report in the case of a fatal accident;

(iii) Certificate of the employer regarding loss of wages due to temporary or partial disability, with proof of hospitalisation for a period exceeding three days and certificate about the date of birth or age of victim;

(iv) Medical bills and receipts;

(v) Certificate of cost of repairs or replacement of private property damaged by the accident;

(vi) Any other documents which may have relevance to the claim.

Rule 5 Powers of Collector

(i) The Collector may follow such summary procedure for conducting an inquiry on an application for relief under the Act, as he thinks fit.

(ii) The Collector shall have all the powers of a civil court for the following purposes, namely,

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or documents or copy of such record or document from any office;

(e) issuing commissions for the examination of witness or documents;

(f) dismissing an application for default or proceeding ex parte;

(g) setting aside any order of dismissal of any application for default or any order passed by it ex parte;

(h) inherent powers of a civil court as saved under Section 151 of the Code of Civil Procedure, 1908.

Rule 6 Establishment and Administration of Fund

11. Sub-rule(1) substituted by GSR 391(E), dated 23-4-1993, w.e.f. 29-4-1993.

[(1) An owner seeking exemption under sub-section (3) of Section 4 of the Act, shall with the prior approval of the Central Government create and maintain a Fund for an amount of Rs. 5 crores or for an amount equal to the paid up capital of the undertaking handling hazardous substances, whichever is less, in the State Bank of India or any of its subsidiaries or any nationalised Bank, and which will be available readily for meeting the liability of that owner under the Act.]

(2) The fund to be created shall be utilised for the purpose of meeting the liability arising out of any claim awarded against the owner who has created the fund and to discharge the amount awarded by the Collector.

(3) The fund shall be operated by an Administrator to be nominated by the owner. The owner shall notify the nomination of the administrator to the Central Government.

Rule 7 Miscellaneous

(1) The Collector shall maintain a register of the application for relief or claim petitions, and a register of awards and payment made thereunder.

(2) These registers shall be kept open to public inspection from 11.00 a.m. to 1 p.m. and 2 p.m. to 5 p.m. on every working day.

(3) On a request from a concerned person, the Collector shall supply a copy of or extract from any particulars entered in the registers mentioned above to be a true copy or extract thereof.

(4) A copy of or extract from the register(s) of the Collector as certified under the land of the Collector or any officer authorised to act in this

Rule 8 Directions

11. Rules 8 and 9 inserted by GSR 596(E), dated 20-9-1991. [(1) Any direction issued under Section 12 shall be in writing.

(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by any owner, person, officer, authority or agency to whom such direction is given.

(3) The owner, person, officer, authority or agency to whom any direction is sought to be issued, shall be served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of the notice to file, with an officer designated in this behalf, the objections, if any, to the issue of the proposed direction.

(4) The Government shall within a period of forty-five days from the date of receipt of the objections, or from the date up to which an opportunity is given to the owner, person, officer, authority or agency to file objections, whichever is earlier after considering the objections, if any, received from the owner, person, officer, authority or an agency sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.

(5) In a case where the Government is of the opinion that in view of the likelihood of a grave injury to the public it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity.

(6) Every notice or direction required to be issued under this rule shall be deemed to be duly served.

(a) where the person to be served in a company, if the document is addressed in the name of the company, at its registered office or at its principal office or place of business, and is either,

(i) sent by registered post; or

(ii) delivered or affixed at some conspicuous part of the premises at its registered office or at the principal office or place of business;

(b) where the person to be served is an officer serving in Government, if the document is addressed to the person and a copy thereof is endorsed to his Head of the Department and also to the Secretary to the Government, as the case may be, incharge of the Department in which, for the time being, the business relating to the Department, in which the officer is employed, is transacted and is either,

(i) sent by registered post; or

(ii) is given or tendered to him;

(c) in any other case, if the document is addressed to the person to be served, and

(i) is given or tendered to him; or

(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which in relates; or

(iii) is sent by registered post to that person.

Explanation. For the purpose of this rule

(a) "company" means any body corporate and includes a firm or other association of individuals;

(b) "a servant" not a member of the family.

Rule 9 Manner of giving notice

The manner of giving notice under clause (b) of Section 18 shall be as follows:

(a) The notice shall be in writing in Form II.

(b) The person giving notice may send a copy of the same to

(i) if the alleged offence has taken place in a Union Territory

(a) the Central Board or the Committee/person or body of persons delegated the powers of the Central Board under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); and

(b) Ministry of Environment and Forests (represented by the Secretary to the Government of India);

(ii) if the alleged offence has taken place in a State

(a) the State Board for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); and

(b) the Government of the State (represented by the Secretary to the State Government incharge of Environment); and

(c) the Ministry of Environment and Forests (represented by the Secretary to the Government of India);

(iii) if the alleged offence has taken place in a District, the District Collector

(a) The notice shall be sent by registered post acknowledgment due; and

(b) The period of sixty days mentioned in clause (b) of Section 18 of the Act (6 of 1991) shall be reckoned from the date it is first received by one of the authorities mentioned above.]

Rule 10 Extent of liability

[(1) Subject to the provisions of sub-section (2-A) of Section 4 of the Act, the maximum aggregate liability of the insurer to pay relief under an award to the several claimants arising out of an accident shall not exceed rupees five crores and in case of more than one accident during the currency of the policy or one year, whichever is less, shall not exceed rupees fifteen crores in the aggregate.

(2) In awarding relief under the Act, the Collector shall ensure that the insurer's maximum liability under the Insurance Policy does not exceed the limits stipulated in sub-rule (1).

(3) Any award for relief which exceeds the amount payable under the Insurance Policy shall be met from the Relief Fund and in case the award exceeds the total of the amount of insurance and the Relief Fund, the amount which falls short of such sum payable shall be met by the owner.

22. Sub-rule (4) inserted by GSR 391(E), dated 23-4-1993, w.e.f. 29-4-1993.

[(4) Notwithstanding anything contained in sub-rule (3), where an owner is exempted under sub-section (3) of Section 4 of the Act, he shall be liable to discharge all the claims arising out of an accident.]

Rule 11 Contribution of owner to the Environmental Relief Fund

(1) 33. Substituted for the words "An owner shall contribute" by GSR 391(E), dated 23-4-1993, w.e.f. 29-4-1993. [An owner unless exempted under sub-section (3) of Section 4 of the Act shall contribute] to the Environmental Relief Fund a sum equal to the premium payable to the insurer.

(2) Every contribution to the Environmental Relief Fund under sub-rule (1) shall be payable to the insurer, together with the amount of premium.

(3) The contribution received by the insurer shall be remitted as per the scheme under Section 7-A of the Act.]

APPENDIX 1 FORM

FORM

FORM I

Form of Application for Compensation

Shri/Shrimati/Kumari......................................Son

of/daughter of/Widow of Shri ..................... .................. Who

died/had sustained injuries in an accident on.........

....................... at .................................

Particulars in respect of accident and other Information are given below:

1.

Name and father's name

of person injured/dead (husband's name in case of married woman or widow)

2.

Address of the person

injured/dead.

3.

Age.................Date

of Birth................................

4.

Sex of the person

injured/dead:

5.

Place, date and time of

the accident:

6.

Occupation of the person

injured/dead:

7.

Nature of injuries

sustained:

8.

Name

and Address of Police Station in whose jurisdiction accident took place or was registered

:

9.

Name

and Address of the Medical Officer/Practitioner who attended on the

injured/dead :

10.

Name and Address of the

claimant/claimants :

11.

Relationship with the

deceased :

12.

Any other information

that may be considered necessary or helpful in the disposal of the claim :

I hereby swear and affirm that all the facts noted above are true to

the best of my knowledge and belief :

Signature

of the Claimant

Strike out whichever

is not applicable.

APPENDIX 2 FORM

FORM

FORM II

Form of Notice

[See

Rule 9(1)]

By Registered post

acknowledgment due

From*

..

..

To

..

..

Notice under clause (b) of Section 18 of the Public Liability Insurance

Act, 1991;

Whereas it appears to me/us that an offence under

the Public Liability Insurance Act, 1991 (6 of 1991) has been committed/is

being committed by .........

.

.

.

.

.

I/We hereby give notice of sixty days under clause

(b) of Section 18 of the Public Liability Insurance Act, 1991 of my/our

intention to file a complaint in the Court against..............

.

.

.

.

for violation of

section.....................of the Public Liability Insurance Act, 1991.

I/We, in support of this notice, hereby enclose the

following documents as evidence of proof of violation of the Public Liability

Insurance Act, 1991:

Place

...................................

Dated.................................

Signature(s).

v

Documentary evidence

includes photographs/technical reports/health reports of the area, etc.,

relating to the alleged violation/offence.

In

case the notice is given in the name of a company, documentary evidence authorising

the person to sign the notice shall be enclosed with this notice.

Here give the name

and address of the

alleged offender. In case of a handling/ manufacturing/ processing

operating unit indicate the name of the unit/location/and nature of activity.