The Public Liability Insurance Rules, 1991Ministry of Environment and Forests
(Department of Environment, Forest and Wildlife)
Notification 1st May, 1991
(1)S.O. 330(E) – 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:
1. Short title and commencement – (1) These Rules may be called the Public Liability Insurance Rules, 1991.
(2) These Rules shall come into force on the date of their publication in the Official Gazette.
2. Definitions – In these Rules, unless the context otherwise requires:
(a) “Act” means the Public 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 a fund established and maintained by an owner in accordance with provision of sub-section (3) of section 4 of the Act;
(e) Words of expressions used in these Rules but not defined and defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Application for relief – An application for claim for relief shall be made to the Collector in Form I.
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.
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;
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) An other documents which may have relevance to the claim.
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.
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, 1980 (V of 1908).
6. Establishment and administration of Fund – (1) An owner of the category specified in section 4(3) of the Act shall, with the prior approval of the Central Government, create and establish a fund by depositing with the State Bank of India or any of its subsidiaries or any nationalised bank, a public liability insurance fund of that owner.
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.
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.
7. Miscellaneous – (1) The Collector shall maintain a register of the applications for relief or claim petitions, and, a register of awards and payment made thereunder.
These Registers shall be kept open to public inspection from 11 a.m to 1 p.m. and 2 p.m. to 5 p.m. on every working day.
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 hand of the Collector or any officer authorised to act in this behalf shall, in all legal proceedings, be admissible as evidence as of equal validity with the original.
(2)[8. Directions – (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 services 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 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 views 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,
where the person to be served is a company, if the document is addressed in 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
delivered or affixed at some conspicuous part of the premises at its registered office or at the principal office or place of business;
where the person to be served is an officer serving in Government, if the document is addressed to the person and a copy thereof endorsed to his Head of the Department and also to the Secretary to the Government, as the case may be, in-charge 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 to 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
if such person cannot be found, is affixed on some conspicuous part of this 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 is 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.
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 the 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 in-charge 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 acknowledgement due; and
(b) the period of sixty days mentioned on 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.
(3)[10. Extent of liability – (1) Subject to the provisions of sub-section (2A) 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.
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.]
11. Contribution of owner to the Environmental Relief Fund – (1) An owner shall contribute to the Environmental Relief Fund a sum equal to the premium payable to the insurer.
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 7A of the Act.
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FORM I
FORM OF APPLICAITON FOR COMPENSATION
Shri/Srimati/Kimari* ——————————– 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 givenb elow:
1. Name and father’s name of person injured/dead (husband’s name in case fo married woman of 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. Occuaption 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/s and address/es of the claimat/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 ntoed above are true to thebest of my knwoledge and belief.
Â
SIGNATURE OF THE CLAIMANT
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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…………………………….
Date………………………………
Signature(s)
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Ministry of environment and forests
(Department of Environment, Forests and Wildlife)
Notification
24th March, 1992
(4)S.O. 227(E). – In exercise of the powers conferred by clause (d) of section 2 of the Public Liability Insurance Act, 1991 (6 of 1991), the Central Government hereby specifies the quantities shown in column 3 of the Table below for which or exceeding which every owner handling the hazardous substance mentioned in the corresponding entry in column 2 thereof shall take out insurance policy as per the provisions of the said Act.
Table
List of Chemicals with Quantities for Application of Public Liability Insurance Act
Sl.No. Name of hazardous substance Quantity CAs Chemical Abstract Service Number
1 2
3
4
Part – I
Group 1 – Toxic Substances
1 Aldicarb 100 kg 116-06-3
2 4-Aminodiphenyl 1 kg 96-67-1
3. Amiton 1 kg 78-53-5
4. Anabasine 100 kg 494-52-0
5. Arsenic pentoxide, Arsenic (V) acid & salts 500 kg
6. Arsenic Trioxide, Arsenious (III) acid & salts 100 kg
7. Arsine (Arsenic hydride) 10 kg 7784-42-1
8. Azinphos-ethyl 100 kg 2642-71-9
9. Azinphos-methyl 100 kg 86-50-0
10 Benzidine 1 kg 92-87-5
11 Benzidine salts 1 kg
12 Beryllium (powders compounds) 10 kg
13 Bis (2-chlorethyl) sulphide 1 kg 505-60-2
14 Bis (chloromethyl) ether 1 kg 542-88-1
15 Carbofuran 100 kg 1563-66-2
16 Carbophenothion 100 kg 786-19-6
17 Chlorfenvinphos 100 kg 470-90-6
18 4-(Chloroformyl) morpholine 1 kg 15159-40-7
19 Chloromethyl methyl ether 1 kg 107-30-2
20 Cobalt (metal oxides, carbonates, sulphides, as powders) 1 tonne
21 Crimidine 100 kg 535-89-7
22 Cyanthoate 100 kg 3734-95-0
23. Cycloheximide 100 kg 66-81-9
24 Demeton 100 kg 8065-48-3
25 Dialifos 100 kg 10311-84-9
26 OO-Diethyl S-ethylsulphinylmethyl phosphorothioate 100 kg 2588-05-8
27 OO-Diethyl S-ethylsulphonylmethyl phosphorothioate 100 kg 2588-06-9
28 OO-Diethyl S-ethylthiomethyl phosphorothioate 100 kg 2600-69-3
29 OO-Diethyl S-isopropylthiomethyl phosphorothioate 100 kg 78-52-4
30 OO-Diethyl S-propylthiomethylphosphorodithioate 100 kg 3309-68-0
31 Dimefox 100 kg 115-26-4
32 Dimethylcarbamoyl chloride 1 kg 79-44-7
33 Dimethylnitrosamine 1 kg 62-75-9
34 Dimethyl phosphoramidocyanidic acid 1 t 63917-41-9
35 Diphacinone 100 kg 82-66-6
36 Disulfoton 100 kg 229-04-4
37 EPN 100 kg 2104-64-5
38 Ethion 100 kg 563-12-2
39 Fensulfothion 100 kg 115-90-2
40 Fluenetil 100 kg 4301-50-2
41 Fluororacetic acid 1 kg 144-49-0
42 Fluoroacetic acid, salts 1 kg
43 Fluoroacetic acid, esters 1 kg
44 4-Fluoroacetic acid, amides 1 kg
45 4-Fluorobutyric acid 1 kg 462-23-7
46 4-Fluorobutyric acid, salts 1 kg
47 4-Fluorobutyric acid, esters 1 kg
48 4-Fluorobutyric acid, amides 1 kg
49 4-Fluorocrotonic acid 1 kg 37759-72-1
50 4-Fluorocrotonic acid, salts 1 kg
51 4-Fluorocrotonic acid, esters 1 kg
52 4-Fluorocrotonic acid, amides 1 kg
53 4-Fluoro-2-hydroxybutyric acid 1 kg
54 4-Fluoro-2-hydroxybutyric acid, salts 1 kg
55 4-Fluoro-2-hydroxybutyric acid, esters 1 kg
56 4-Fluoro-hydroxybutyric acid, amides 1 kg
57 Glycolonitrile (Hydroxyacetonitrile) 100 kg 107-16-4
58 1, 2, 3, 7, 8, 9-Hexachlorodibenzo-p-dioxin 100 kg 19408-74-3
59 Hexamethylphosphoramide 1 kg 680-31-9
60 Hydrogen selenide 10 kg 7783-02-5
61 Isobenzan 100 kg 297-78-9
62 Isodrin 100 kg 465-73-6
63 Juglone (5-Hydroxynaphthalene 1, 4-dione) 100 kg 481-39-0
64 4 -Methylenebis (2-chloroaniline) 10 kg 101-14-4
65. Methyl isocyanate 150 kg 624-83-9
66. Mevinphos 100 kg 7786-34-7
67. 2-Naphthylamine 1 kg 921-59-8
68. Nickel (metal, oxides, carbonates, sulphide as powders) 1 t.
69. Nickel tetracarbonyl 10 kg 13463-9-3
70. Oxydisulfoton 100 kg 2497-07-6
71. Oxygen difluoride 10 kg 7783-41-7
72 Paraoxon (Diethyl 4-nitrophenyl phosphate) 100 kg 311-45-5
73 Parathion 100 kg 56-38-2
74 Parathion-methyl 100 kg 298-00-0
75 Pentaborane 100 kg 19624-22-7
76. Phorate 100 kg 298-02-2
77. Phosacetim 100 kg 4104-14-7
78. Phosgene (carbonyl chloride) 750 kg 75-44-5
79. Phosphamidon 100 kg 13171-21-6
80. Phosphine (Hydrogen phosphide) 100 kg 7803-51-2
81 Promurit (1-(3, 4-Dichlorophenyl)-3-trinaienethiocarboxamide) 100 kg 5836-73-7
82 1, 3-Propanesultone 1 kg 1120-71-4
83 I-Propen-2-chloro-I, 3-diol diacetate 10 kg 10118-72-6
84 Pyrazoxon 100 kg 108-34-9
85 Selenium hexafluoride 10 kg 7783-79-1
86 Sodium selenite 100 kg 10102-18-8
87 Stibine (Antimony hydride) 100 kg 7803-52-3
88 Sulfotep 100 kg 3689-24-5
89 Sulphar dichloride 1 t. 10545-99-0
90 Tellurium hexafluoride 100 kg 7783-80-4
91 TEPP 100 kg 107-49-3
92 2, 3, 7, 8-Tetrachlorydibenzo-p-dioxin (TCDD) 1 kg 1746-01-6
93 Tetramethylenedisulphotetramine 1 kg 80-12-6
94. Thionazin 100 kg 297-97-2
95. Tripate (2, 4-Dimethyl-1, 3-dithiolane-2-carboxaldehyde O-methylcarbamoyloxime) 100 kg 26419-73-8
96. Trichloromethanesulphenyl chloride 100 kg 594-42-3
97. 1-Tri (cyclohexyl) stannyl-1 H. 1, 2, 4-triazole 100 kg 41083-11-8
98. Triethylenemelamine 10 kg 51-18-3
99. Warfarin 100 kg 81-81-2
Group 2 – Toxic Substances
100. Acetone cyanohydrin (2-Cyanopropan-2-01) 20 t 76-86-5
101. Acrolein (2-propenal) 20 t 107-02-8
102. Acrylonitrile 20 t 107-13-1
103. Allylalcohol (Propen-1-01) 200 t 107-18-6
104. Allylamine 200 t 107-11-9
105. Ammonia 50 t 7664-41-7
106 Bromine 40 t 7726-95-6
107 Carbon disulphide 20 t 75-15-0
108 Chlorine 10 t 7782-50-5
109 Diphenyl methane di-socyanate (MDI) 20 t 101-68-8
110 Ethylene dibromide (1, 2-Dibromoethane) 5 t 106-93-4
111 Ethyleneimine 50 t 151-56-4
112. Fomaldehyde (concentration 90%) 5 t 50-00-0
113 Hydrogen chloride (liquified gas) 25 t 7647-01-0
114 Hydrogen cyanide 5 t 74-90-8
115 Hydrogen fluoride 5 t 7664-39-3
116 Hydrogen sulphide 5 t 7783-06-4
117 Methyl bromide (Bromomethane) 20 t 74-83-9
118 Nitrogen oxides 50 t 11104-93-1
119 Prophyleneimine 50 t 75-55-8
120 Sulphur dioxide 20 t 7446-09-5
121 Sulphur trioxide 15 t 7446-11-9
122 Tetraethyl lead 5 t 78-00-2
75-74-1
123 Tetramethyl lead 5 t 584-84-9
124 Toluene di-isocyanate (TD) 10 t 75-01-4
Group 3 – Highly reactive substances
125. Acetylene (ethyne) 5 t 74-86-2
126. a. Ammonium nitrate (1) 350 t 6484-52-2
b. Ammonium nitrate in form of fertiliser (2) 1250 t
127 2, 2-Bis (tert-butylperoxy) butane (concentration 70%) 5 t 2167-23-9
128 1, 1-Bic (tert-butylperoxy) cyclohexane(Concentration 80%) 5 t 3006-86-8
129. tert-Butyl peroxyacatquate (concentration >70%) 5 t 107-71-1
130. tert-Butyl peroxyisobutyrate (concentration >80%) 5 t 109-13-7
131 tert-Butyl peroxy isopropyl carbonate (concentration >80%) 5 t 2372-21-6
132 tert-Butyl peroxymalcate (concentration >80%) 5 t 1931-20-0
133 tert-Butyl peroxypivalate (concentration >77%) 50 t 927-07-1
134 Dibenzyl peroxydicarbonate (concentration >90%) 5 t 2144-45-8
135 Di-sec-butyl peroxydicarbonate (concentration >80%) 5 t 19910-5-0
136 Diethyl peroxydicarbonate (concentration >30%) 50 t 14666-78-5
137 2, 2-Dihydroperoxypropane (concentration >30%) 5 t 2614-76-8
138 Di-isobutyryl peroxide (concentration >50%) 50 t 3437-84-1
139. Di-n-propyl peroxydicarbonate (concentration >80%) 5 t 16066-38-9
140. Ethylene oxide 5 t 75-21-8
141. Ethylnitrate 50 t 625-58-1
142. 3, 3, 6, 9, 9-Hexamethyl-1, 2, 4, 5-tetrooxacyclononane (concentration 75%) 50 t 22397-33-7
143. Hydrogen 2 t 1333-74-0
144 Liquid oxygen 200 t 7782-44-7
145 Methyl ethyl ketone peroxide (concentration 60%) 5 t 1338-23-4
146 Methyl isobutyl ketone peroxide (concentration 60%) 50 t 37206-20-3
147 Peracetic acid (concentration 60%) 50 t 79-21-0
148 Propylene oxide 5 t 75-56-9
149 Sodium chlorate 25 t 7775-09-9
Group 4 – explosive substances
150. Barium azide 50 t 18810-58-7
151. Bis (2, 4, 6-trinitrophenyl) amine 50 t 131-73-7
152. Chlorotrinitrobenzene 50 t 28260-61-9
153. Cellulose nitrate (containing 12.6% Nitrogen) 50 t 9004-70-0
154. Cyclotetramethylenetetranitramine 50 t 2691-41-0
155 Cyclotrimethylenetrinitramine 50 t 121-82-4
156 Diazodinitrophenol 10 t 7008-81-3
157. Diethylene glycol dinitrate 10 t 693-21-0
158. Dinitrophenol, salts 50 t
159. Ethylene glycol dinitrate 10 t 628-96-6
160. 1-Guanyl – 4-nitrosaminoguanyl 1-tetrazene 10 t 109-27-3
161. 2, 2′, 4, 4′, 6, 6′ – Hexanitrostibene 50 t 20062-22-0
162. Hydrazine nitrate 50 t 13464-97-6
163 Lead azide 50 t 13424-46-9
164. Lead styphanate (Lead 2, 4, 6-trinitroresorcinoxide) 50 t 15245-44-0
165 Mercury fulminate 10 t 20820-45-5
628-86-4
166 N-Methyl.-N, 2, 4, 6-tetranitroaniline 50 t 479-45-8
167 Nitroglycerine 10 t 55-63-0
168 Pentaerythritol tetranitrate 50 t 78-11-5
169 Picric acid (2, 4, 6-Trinitrophenol) 50 t 88-89-1
170. Sodium picramate 50 t 831-52-7
171 Styphnic acid (2, 4, 6-Trinitroesorcinol) . 50 t 82-71-3
172. 1, 3, 5-Triamino-2, 4, 6-trinitrobenzene 50 t 3058-38-6
173 Trinitroaniline 50 t 26952-42-1
174 2, 4, 6-Trinitroarisole 50 t 606-35-9
175 Trinitrobenzene 50 t 25377-32-6
176 Trinitrobenzoic acid 50 t 35860-50-5
129-66-8
177 Trinitrocresol 50 t 28905-71-7
178 2, 4, 6-Trinitrophenitole 50 t 24732-14-3
179 2, 4, 6-Trinitrotoluene 50 t 118-06-7
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Part-II
Classes of hazardous Substances not specifically named in Part – I
Group 5 – Flammable substances
1 2 3
4
1 Flammable gases :
Substances which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 200C or below;
15 t –
2. Highly flammable liquids :Substances which have a flash point lower than 210C and the boiling point of which at normal pressure is above 200C;
1000 t –
3 Flammable liquids :Substances which have a flash point lower than 550C and which remain liquid under pressure, where particular processing conditions, such as high pressure and high temperature, may create minor accident hazards
25 t –
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1. Published in the Gazette of India (Extra) Part II, section 3(ii) No.289, dated 1.5.1991
2. Subs. for rule 8 vide GSR 596(e) dated, 26-9-1991, rule 2 (w.e.f. 26-9-1991)
3. Subs. for rule 10 vide GSR 87(E) dated,6-2-1992, rule 2 (w.e.f. 6.2.1992).
4. ‘Published’ in the Gazette of India (Extraordinary) Part II, s.3(ii) dated 24-3-1992, pp. 6-11.
* Strike out whichever is not applicable
** Incase the notice is given in the name of a company, documentary evidence authorizing 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 handling/manufacturing/processing/operating unit indicate the name of the unit/local and nature of activity.
**** Documentary evidence includes photographs/technical reports/health reports of the area, etc., relating to the alleged violation/offence.
