Public Liability of Insurance Act.1991- Safeguard to the employees of hazardous industries

SYNOPSYS

1. Introduction

2. Important definition

3. Duty of owner of company or industries

4. Power to issue directions

5. Penalty

A) Offence by the company

B) Offence by Government department

6. Conclusion

1) Introduction;

Public liability of insurance act 1991 providing immediate relief to the person who affect by accident occurring during handling any hazardous substances, vicarious liability of the every industries to protect physical harm or death of his employees during the course of employment and adequate compensate for injury or death of employees this burden of compensate of industries shifted toward the insurance company by giving premium or remuneration, so that to sake of welfare of the employees and guarantees to safe guard the compensate the government of India implemented this act

2) Some definition for more understanding this act

Sec. 2(a) Accident

An accident involving a fortuitous or sudden or unintended occurrence while handling of hazardous substance resulting continue or intermittent or repeated, exposure to death or injury to any person or damage to any property

Sec.2 (g)Owner

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 partner

ii). In the case of an association any of its members. And

iii). In case of company, any of its directors, secretary, manager, or other officers who is directly charge of and is responsible to the company for the conduct of business of the company.

Sec.2 (d) Hazardous substance

Hazardous substance means which is define in environment protection act.1986 and exceeding such quantity

3) Duty of owner of industries or company (sec.4)

Duty of owner is first to safe guard the life of member of the company who engage in the handling of hazardous substance and life insurance

1) Owner of any hazardous company shall take out insurance policy as soon as commencement of this act

2) It renew the policy before expiry of the policy or within period of limitation

3) Amount of insurance not less then the paid up capital of the company and not more that fifty crore rupees

4) Liability of insurance under on insurance shall not exceed the amount specified in terms of contract of insurance policy.

4) Power to issue directions

Sec. 1 of the act provided vested of central govt. To issue directions like

a) Stoppage or regulation of handling of hazardous substance

b) Stoppage or regulation of water, electricity or any other services.

5) Penalty

1) Sec. 14 of the act provided penalty for contra version of sec.4 and sec.12 of this act

Punishment shall be imprisonment of terms not less then one year and not exceed six year or fine up to one lukh rupees or both

2) Sec. 15 provided penalty for failure to comply with the direction under sec. 9 to sec. 11

For abstraction any person of discharging of above section , he shall be punishment with imprisonment which may extent to three month or fine up to 20 thousand rupees.

6) The provided the classification of the offences on the basis of the private and Government owned industries or company

A) Offences by company (sec.16)

1) If offences under this Act, has been committed by companies, every person at the time the offence was committed directly in charge of and was responsible to the company for conduct of business

2) If Act done with the consent of the company , director, manager secretary or other officer are deemed to be liable.

B) Offence done by Government department

This act provided special provision for the Government department handling of hazardous work. Act done by Government department then head of the department is liable except act done unvolutory , without intention.

Cognizance of offence of the act when taken:

Court make complaint cognizable only when as

a) Complaint made by central government or his authority appoint

b) 60 day notice by any person to central government

7) Conclusion :

This act provided to protect the interest of the employees against the any injury or death during the course of employment and it provided the relief in the form of compensate of money by insurance. It’s compulsory to every industries and companies to take insurance of every employee. This act only for welfare of the sufferer of the handling of hazardous substance not to other member who indirectly suffer and also not to the regular effect of the hazardous substance which cause various problem of health the act provided liability only arises to compulsory take the insurance policy and not to having any other special protection to the employees.

ADV. MAHESH R. HALDE, LL.M