Public Liability Insurance Rules

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. 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. SIGNATURE OF THE CLAIMANT 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) 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 CAs Chemical Name of hazardous Sl.No. Quantity Abstract Service substance 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 Arsenic pentoxide,

5. Arsenic (V) acid & 500 kg salts Arsenic Trioxide,

6. Arsenious (III) acid 100 kg & salts Arsine (Arsenic 7. 10 kg 7784-42-1 hydride)

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 Beryllium (powders 12 10 kg compounds) Bis (2-chlorethyl) 13 1 kg 505-60-2 sulphide Bis (chloromethyl) 14 1 kg 542-88-1 ether 15 Carbofuran 100 kg 1563-66-2 16 Carbophenothion 100 kg 786-19-6 17 Chlorfenvinphos 100 kg 470-90-6 4-(Chloroformyl) 18 1 kg 15159-40-7 morpholine Chloromethyl methyl 19 1 kg 107-30-2 ether Cobalt (metal oxides, carbonates, 20 1 tonne sulphides, as powders) 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 OO-Diethyl S- 26 ethylsulphinylmethyl 100 kg 2588-05-8 phosphorothioate OO-Diethyl S- 27 ethylsulphonylmethyl 100 kg 2588-06-9 phosphorothioate OO-Diethyl S- 28 ethylthiomethyl 100 kg 2600-69-3 phosphorothioate OO-Diethyl S- 29 isopropylthiomethyl 100 kg 78-52-4 phosphorothioate OO-Diethyl S- 30 propylthiomethylpho 100 kg 3309-68-0 sphorodithioate 31 Dimefox 100 kg 115-26-4 Dimethylcarbamoyl 32 1 kg 79-44-7 chloride 33 Dimethylnitrosamine 1 kg 62-75-9 Dimethyl 34 phosphoramidocyani 1 t 63917-41-9 dic acid 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 Fluoroacetic acid, 42 1 kg salts Fluoroacetic acid, 43 1 kg esters 4-Fluoroacetic acid, 44 1 kg amides 45 4-Fluorobutyric acid 1 kg 462-23-7 4-Fluorobutyric acid, 46 1 kg salts 4-Fluorobutyric acid, 47 1 kg esters 4-Fluorobutyric acid, 48 1 kg amides 49 4-Fluorocrotonic acid 1 kg 37759-72-1 4-Fluorocrotonic 50 1 kg acid, salts 4-Fluorocrotonic 51 1 kg acid, esters 4-Fluorocrotonic 52 1 kg acid, amides 4-Fluoro-2- 53 1 kg hydroxybutyric acid 4-Fluoro-2- 54 hydroxybutyric acid, 1 kg salts 4-Fluoro-2- 55 hydroxybutyric acid, 1 kg esters 4-Fluoro- 56 hydroxybutyric acid, 1 kg amides Glycolonitrile 57 100 kg 107-16-4 (Hydroxyacetonitrile) 1, 2, 3, 7, 8, 9- 58 Hexachlorodibenzo- 100 kg 19408-74-3 p-dioxin Hexamethylphosphor 59 1 kg 680-31-9 amide 60 Hydrogen selenide 10 kg 7783-02-5 61 Isobenzan 100 kg 297-78-9 62 Isodrin 100 kg 465-73-6 Juglone (5- 63 Hydroxynaphthalene 100 kg 481-39-0 1, 4-dione) 4 -Methylenebis (2- 64 10 kg 101-14-4 chloroaniline)

65. Methyl isocyanate 150 kg 624-83-9

66. Mevinphos 100 kg 7786-34-7 2-Naphthylamine 1 67. kg 921-59-8 Nickel (metal, oxides, 68. carbonates, sulphide 1 t. as powders)

69. Nickel tetracarbonyl 10 kg 13463-9-3

70. Oxydisulfoton 100 kg 2497-07-6

71. Oxygen difluoride 10 kg 7783-41-7 Paraoxon (Diethyl 4- 72 nitrophenyl 100 kg 311-45-5 phosphate) 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 Phosgene (carbonyl 78. 750 kg 75-44-5 chloride)

79. Phosphamidon 100 kg 13171-21-6 Phosphine (Hydrogen 80. 100 kg 7803-51-2 phosphide) Promurit (1-(3, 4- Dichlorophenyl)-3- 81 100 kg 5836-73-7 trinaienethiocarboxa mide) 82 1, 3-Propanesultone 1 kg 1120-71-4 I-Propen-2-chloro-I, 83 10 kg 10118-72-6 3-diol diacetate 84 Pyrazoxon 100 kg 108-34-9 Selenium 85 10 kg 7783-79-1 hexafluoride 86 Sodium selenite 100 kg 10102-18-8 Stibine (Antimony 87 100 kg 7803-52-3 hydride) 88 Sulfotep 100 kg 3689-24-5 89 Sulphar dichloride 1 t. 10545-99-0 Tellurium 90 100 kg 7783-80-4 hexafluoride 91 TEPP 100 kg 107-49-3 2, 3, 7, 8- 92 Tetrachlorydibenzo- 1 kg 1746-01-6 p-dioxin (TCDD) Tetramethylenedisul 93 1 kg 80-12-6 photetramine

94. Thionazin 100 kg 297-97-2 Tripate (2, 4- Dimethyl-1, 3- dithiolane-2- 95. 100 kg 26419-73-8 carboxaldehyde O- methylcarbamoyloxi me) Trichloromethanesul 96. 100 kg 594-42-3 phenyl chloride 1-Tri (cyclohexyl) 97. stannyl-1 H. 1, 2, 4- 100 kg 41083-11-8 triazole

98. Triethylenemelamine 10 kg 51-18-3

99. Warfarin 100 kg 81-81-2 Group 2 - Toxic Substances Acetone cyanohydrin

100. (2-Cyanopropan-2- 20 t 76-86-5 01)

101. Acrolein (2-propenal) 20 t 107-02-8

102. Acrylonitrile 20 t 107-13-1 Allylalcohol (Propen- 103. 200 t 107-18-6 1-01)

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 Diphenyl methane di- 109 20 t 101-68-8 socyanate (MDI) Ethylene dibromide 110 (1, 2- 5t 106-93-4 Dibromoethane) 111 Ethyleneimine 50 t 151-56-4 Fomaldehyde 112. 5t 50-00-0 (concentration 90%) Hydrogen chloride 113 25 t 7647-01-0 (liquified gas) 114 Hydrogen cyanide 5t 74-90-8 115 Hydrogen fluoride 5t 7664-39-3 116 Hydrogen sulphide 5t 7783-06-4 Methyl bromide 117 20 t 74-83-9 (Bromomethane) 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 78-00-2 122 Tetraethyl lead 5t 75-74-1 123 Tetramethyl lead 5t 584-84-9 Toluene di-isocyanate 124 10 t 75-01-4 (TD) Group 3 - Highly reactive substances

125. Acetylene (ethyne) 5 t 74-86-2 a. Ammonium nitrate 126. 350 t 6484-52-2 (1) b. Ammonium nitrate in form of fertiliser 1250 t (2) 2, 2-Bis (tert- 127 butylperoxy) butane 5 t 2167-23-9 (concentration 70%) 1, 1-Bic (tert- butylperoxy) 128 5t 3006-86-8 cyclohexane(Concent ration 80%) tert-Butyl peroxyacatquate 129. 5t 107-71-1 (concentration >70%) tert-Butyl peroxyisobutyrate 130. 5t 109-13-7 (concentration >80%) tert-Butyl peroxy isopropyl carbonate 131 5t 2372-21-6 (concentration >80%) tert-Butyl peroxymalcate 132 5t 1931-20-0 (concentration >80%) tert-Butyl peroxypivalate 133 50 t 927-07-1 (concentration >77%) Dibenzyl peroxydicarbonate 134 5t 2144-45-8 (concentration >90%) Di-sec-butyl peroxydicarbonate 135 5t 19910-5-0 (concentration >80%) Diethyl peroxydicarbonate 136 50 t 14666-78-5 (concentration >30%) 2, 2- Dihydroperoxypropa 137 5t 2614-76-8 ne (concentration >30%) Di-isobutyryl peroxide 138 50 t 3437-84-1 (concentration >50%) Di-n-propyl peroxydicarbonate 139. 5t 16066-38-9 (concentration >80%)

140. Ethylene oxide 5t 75-21-8

141. Ethylnitrate 50 t 625-58-1 3, 3, 6, 9, 9- Hexamethyl-1, 2, 4, 142. 5- 50 t 22397-33-7 tetrooxacyclononane (concentration 75%)

143. Hydrogen 2t 1333-74-0 144 Liquid oxygen 200 t 7782-44-7 Methyl ethyl ketone 145 peroxide 5t 1338-23-4 (concentration 60%) Methyl isobutyl 146 ketone peroxide 50 t 37206-20-3 (concentration 60%) Peracetic acid 147 50 t 79-21-0 (concentration 60%) 148 Propylene oxide 5t 75-56-9 149 Sodium chlorate 25 t 7775-09-9 Group 4 - explosive substances

150. Barium azide 50 t 18810-58-7 Bis (2, 4, 6- 151. trinitrophenyl) 50 t 131-73-7 amine Chlorotrinitrobenzen 152. 50 t 28260-61-9 e Cellulose nitrate

153. (containing 12.6% 50 t 9004-70-0 Nitrogen) Cyclotetramethylene 154. 50 t 2691-41-0 tetranitramine Cyclotrimethylenetri 155 50 t 121-82-4 nitramine 156 Diazodinitrophenol 10 t 7008-81-3 Diethylene glycol 157. 10 t 693-21-0 dinitrate

158. Dinitrophenol, salts 50 t Ethylene glycol 159. 10 t 628-96-6 dinitrate 1-Guanyl - 4- 160. nitrosaminoguanyl 1- 10 t 109-27-3 tetrazene 2, 2', 4, 4', 6, 6' - 161. 50 t 20062-22-0 Hexanitrostibene

162. Hydrazine nitrate 50 t 13464-97-6 163 Lead azide 50 t 13424-46-9 Lead styphanate (Lead 2, 4, 6- 164. 50 t 15245-44-0 trinitroresorcinoxide ) 20820-45-5 165 Mercury fulminate 10 t 628-86-4 N-Methyl.-N, 2, 4, 6- 166 50 t 479-45-8 tetranitroaniline 167 Nitroglycerine 10 t 55-63-0 Pentaerythritol 168 50 t 78-11-5 tetranitrate Picric acid (2, 4, 6- 169 50 t 88-89-1 Trinitrophenol)

170. Sodium picramate 50 t 831-52-7 Styphnic acid (2, 4, 171 . 50 t 82-71-3 6-Trinitroesorcinol) 1, 3, 5-Triamino-2, 4, 172. 50 t 3058-38-6 6-trinitrobenzene 173 Trinitroaniline 50 t 26952-42-1 174 2, 4, 6-Trinitroarisole 50 t 606-35-9 175 Trinitrobenzene 50 t 25377-32-6 35860-50-5 176 Trinitrobenzoic acid 50 t 129-66-8 177 Trinitrocresol 50 t 28905-71-7 2, 4, 6- 178 50 t 24732-14-3 Trinitrophenitole 2, 4, 6- 179 50 t 118-06-7 Trinitrotoluene Part-II Classes of hazardous Substances not specifically named in Part - I Group 5 - Flammable substances 2 3 4 Flammable gases : Substances which in the gaseous state at normal pressure and mixed 1 with air become15 t - flammable and the boiling point of which at normal pressure is 200C or below; Highly flammable liquids :Substances which have a flash point lower than 210C 2. 1000 t - and the boiling point of which at normal pressure is above 200C; Flammable liquids :Substances which have a flash point lower than 550C and which remain liquid under pressure, where 3 25 t - particular processing conditions, such as high pressure and high temperature, may create minor accident hazards

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.