The Public Liability Act, 1991 was made effective from 1st April 1991. The object of
this Act is to provide through insurance immediate relief to persons affected due to
accident while handling hazardous substance by
the owners on no fault liability basis. This has also been brought under
Tariff. The definition of Owner is so comprehensive as to cover any person who
owns or has control over any hazardous substance at the time of accident. This includes
any Firm or its partners. Association or its members, Company or its Directors and all
other persons associated and responsible to that Company in the conduct of their business.
The various terms like Accident, Hazardous substances as
defined in the Act are given below.
Accident means an accident
involving a fortuitous, sudden or unintentional occurrence while handling any hazardous
substance resulting in continuous, intermittent or repeated exposure to death of, or
injury to any person or damage to any property but does not include an accident by reason
only of war or radioactivity.
Handlingin relation to any
hazardous substance, means the manufacture, processing, treatment, package, storage,
transportation by vehicle, use, collection, destruction, conversion, offering for sale,
transfer or the like of such hazardous substance.
Hazardous Substance means any
substance or preparation which is defined as hazardous substance under the Environment
(Protection) Act, 1986 and exceeding such quantity as may be specified by notification by
the Central Government.
Hazardous Substancemeans any
substance or preparation which, by reason of its chemical properties or handling is liable
to cause harm to human beings, other living creatures, plants, micro-organism, property or
the environment (as per the Environment (Protection) Act, 1986).