Pursuant to the Jan Vishwas (Amendment of Provisions) Act, 2023 (summarized in the e-mails below), the Ministry of Environment Forest and Climate Change (“Ministry”) has notified that the amendment pertaining to the provisions of the Public Liability Insurance Act, 1991 (“hereinafter referred to as Act”) will gain effect from 01.04.2024.
Key Highlights of the Amendment:
- The definitions section i.e section 2 has been amended. Clause (ha) providing the definition for Relief Fund shall be renumbered as clause (hb) and clause (ha) prescribing for the definition of property has been introduced.
- Section 3 sub-section (1) has been substituted to impose liability on owner of hazardous substance for giving relief in case of death or injury to any person (other than a workman) or damage to any property resulting from an accident.
- Section 4 pertaining to duty of owner of hazardous substance to take out insurance policies has been amended.
- In Section 6 pertaining to application for claim for relief, after sub-section (1), sub-section (1A) shall be inserted prescribing for application for claim for restoration of property in case of any damage caused to any public property or private property due to manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, transfer or such other processes, of such hazardous substance.
- Section 7 pertaining to Environmental Relief Fund has been amended stating that any penalty, the interest or other income received out of investments made from the Fund shall be credited to the Environmental Relief Fund.
- The penalties prescribed under Sections 14, 15 and 17B for contravention of the provisions of the Act, non-compliance of directions issued under the Act and failure to pay penalty have been amended.
- Section 23 pertaining to power of the Central government to make rules has been amended.
- Section 16 pertaining to offenses by companies and Schedule prescribing relief in case of any damage caused to any public property or private property due to manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, transfer or such other processes, of such hazardous substance have both been omitted.
A copy of the Notification amending the provisions of the Public Liability Insurance Act, 1991 is attached for your ease of reference.
Link to the commencement notification is linked below for your ease of reference.
Source: Ministry of Environment Forest and Climate Change
