The Public Liability Insurance Act, 1991
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 17A Penalty amount to be credited to Environmental Relief Fund.
1[17A. Penalty amount to be credited to Environmental Relief Fund.--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.]
1. Subs. by Act 18 of 2023, s. 2 and Schedule for sections 14 and 15 (w.e.f. 1-4-2024).
Section 17B Offence for failure to pay penalty or additional penalty.
1[17B. Offence for failure to pay penalty or additional penalty.--(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.
(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.
1. Subs. by Act 18 of 2023, s. 2 and Schedule for section 17 (w.e.f. 1-4-2024)
Section 18 Cognizance of offences. 1 docs
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.
(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. 3 docs
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 that Government.
(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.
Section 22 Effect of other laws.
The provisions of this Act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
Section 23 Power to make rules. 5 docs
(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--
1[2[(a) such amount under subsection (2A) of section 4;]
(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 sub-section (2D) of section 4;
3[(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;
4[(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;]
(f) any other matter which is required to be, or may be, prescribed.
(3) Every 5[ 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 5[ rule or scheme] or both Houses agree that the 3[ rule or scheme] should not be made, the 5[ 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 5[ rule or scheme].
(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--
1[2[(a) such amount under subsection (2A) of section 4;]
(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 sub-section (2D) of section 4;
3[(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;
4[(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;]
(f) any other matter which is required to be, or may be, prescribed.
(3) Every 5[ 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 5[ rule or scheme] or both Houses agree that the 3[ rule or scheme] should not be made, the 5[ 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 5[ rule or scheme].
1. Ins. by Act 11 of 1992, s. 7 (w.e.f. 31-1-1992).
2. Subs. by Act 18 of 2023, s. 2 and Schedule for clause (a) (w.e.f. 1-4-2024).
3. Clause (a) shall be re-lettered as clause (ac) by s. 7, ibid. (w.e.f. 31-1-1992).
4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
5. Subs. by Act 11 of 1992, s. 7, for "rule" (w.e.f. 31-1-1992).
2. Subs. by Act 18 of 2023, s. 2 and Schedule for clause (a) (w.e.f. 1-4-2024).
3. Clause (a) shall be re-lettered as clause (ac) by s. 7, ibid. (w.e.f. 31-1-1992).
4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
5. Subs. by Act 11 of 1992, s. 7, for "rule" (w.e.f. 31-1-1992).