R.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.
       
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        1. Vide S.O. 330(E), dated 1st May, 1991, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 1st May, 1991.
       

R.2 Definitions

       In these Rules, unless the context otherwise requires,—
        (a) “Act” means the Public Liability 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) 1[“Fund” means the Public Liability Insurance Fund establi

R.3 Application for relief

       An application for claim for relief shall be made to the Collector in Form I.

R.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:—
        (i) 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;
        (iii) 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 a

R.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.
       (ii) 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 document or copy of such record or document from any office;
       (e) issuing commissions for the examining of witness or documents;<

R.6 Establishment and administration of Fund

       (1) An owner seeking exemption under sub-section (3) of section 4 of the Act, shall with the prior approval of the Central Government create and maintain a Fund for an amount of Rs. 5 crores or for an amount equal to the paid up capital of the undertaking handling hazardous substances, whichever is less, in the State Bank of India or any of its subsidiaries or any nationalised Bank, and which will be available readily for meeting the liability of that owner under the Act.]
       (2) 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.
       (3) 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

R.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.
       (2) These Registers shall be kept open to the public inspection from 11 a.m. to 1 p.m. and 2 p.m. to 5 p.m. on every working day.
       (3) 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.
       

R.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 net less than fifteen days from the date of service 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 own

R.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);
   &nb

R.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.
       (2) In awarding relief under the Act, the Collector shall ensure that the insurers 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 payable shall be met b

R.11 Contribution of owner to the Environmental Relief Fund

       (1) 1[An owner unless exempted under sub-section (3) of section 4 of the Act shall contribute] to the Environmental Relief Fund a sum equal to the premium payable to the insurer.
       (2) 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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        1. Subs. by G.S.R. 391 (E), dated 23rd April, 1993 (w.e.f. 29-4-1993).