Rule, 1993

Text

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MINISTRY OF ENVIRONMENT & FORESTS

NOTIFICATION

New Delhi, the 23rd April, 1993

G.S.R. 391(E).—In exercise of the powers conferred by section 23 of the Public Liability Insurance Act, 1991, (6 of 1991) the Central. Goverament here­ by makes the following rules further to amend the Public Liability Insurance Rules, 1991, namely :

1. (1) The Rules may be called the Public Liability Insurance (Amend­ ment) Rules, 1993.

(2) They shall come into force on the d&te of their publication in the Official Gazette.

2. In the Public Liability Insurance Rules, 1991,—

(a) in rule 2, in clause (d), for the wordy "Fund" means a fund esta­ blished", the words "Fund means the Public Liability Insurance Fund established1" shall be substituted.

(b) in rule 6; for sub-rule (1) the following sub-rule shall be substituted namely :— "( ! ) An owner seeking exemption under sub-section^ (3) of section 4 of the Act, shall with the prior approval of the Central Govern­ ment 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",

(c) in rule 10, after sub-rule (3), the following sub-rule shall be insert­ ed, namely :— "(4) Notwithstanding anything contained in sub-rule^ (3), where an owner is exempted under sub-section (3) of sectfdn 4 of the Act, he shall be liable to discharge all the claims arising out of an accident."

(d) in rule 11, in. sub-rule (1) for the words "An owner shall contri­ bute", the words "An owner unless exempted under sub-section

(3) of section 4 of the Act shall contribute"'"' shall be substituted. NOTE.—Original rules were published-by

S.O. 330(E) and amended subse­ Printed by the Manager, Govt, of India Press, Ring Road, New Delhi-1 10064 and Published by the CoafroIIer of Publications, Delhi-110054, 1993

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Public Liability Insurance Act, 1991