Search Results on notification for query: "Notification on Public Liability Insurance Act"
Related Section(s)(1) If the Central Government or any person authorised by that Government in this behalf
has reason to believe that any owner has been handling any hazardous substance in contravention of any
of the provisions of this Act, that Government or, as the case may be, that person may make an
application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate first class
for restraining such owner from such handling.
(2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit. (3) Where under sub-section (2), the Court makes an order restraining any owner from handling hazardous substance, it may, in that order-- (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. 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. | ||||||||||||||||
Related Section(s)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).
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Related Section(s)In this Act, unless the context otherwise requires,--
1 [(a) "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 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; 2 (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 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; 3[(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[ 5[(hb)] "Relief Fund" means the Environmental Relief Fund established under section 7A"; (i) "rules" means rules made under this Act; (j) "vehicle" means any mode of surface transport other than railways. 6[(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.]
1 Subs. by Act 11 of 1992, s. 2, for clause (a) (w.e.f. 31-1-1992).
2 Subs. by s. 2, ibid., for clause (g) (w.e.f. 31-1-1992). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 4. Ins. by Act 11 of 1992, s. 2, (w.e.f. 31-1-1992). 5. Clause (ha) shall be renumbered as clause (hb) thereof by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 6. Ins. by s. 2, ibid. and Schedule (w.e.f. 1-4-2024). | ||||||||||||||||
Related Section(s)1[ 7A. Establishment of Environmental Relief Fund.(1) The Central Government may, by
notification, establish a fund to be known as the Environmental Relief Fund.
2[(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.] (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.]
1 Ins. by Act 11 of 1992, s. 5, (w.e.f. 31-1-1992).
2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Public Liability Insurance Act,
1991.
(2) It shall come into force on such date 1 as the Central Government may, by notification, appoint.
1 1st April, 1991, vide notification No. G.S.R 253, dated 27th March, 1991, see Gazette of India Ordinary, Part II sec. 3(i).
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