Draft Notification regarding Public Liability Insurance (Amendment) Rules, 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-23072024-255657 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 2735] NEW DELHI, FRIDAY, JULY 19, 2024/ASHADHA 28, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 19th July, 2024 S.O. 2872(E).—The following draft notification which the Central Government proposes to issue, in exercise of the powers conferred by sections 23 of the Public Liability Insurance Act, 1991 (6 of 1991), for bringing out amendment to the Public Liability Insurance Rules, 1991 is hereby published for information of the public and other stakeholders likely to be affected thereby and notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which copies of this notification as published in the 'Gazette of India' are made available to the public; Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi - 110003 or electronically at email address: [email protected] or [email protected]. Draft Notification In exercise of the powers conferred by section 23 of the Public Liability Insurance Act, 1991 which has been as amended by the Jan Vishwas (Amendment of the Provisions) Act, 2023 the Central Government, hereby makes the following amendment in the Public Liability Insurance Rules, 1991, namely: - 1. Short title and commencement: (1) These rules may be called the Public Liability Insurance (Amendment) Rules, 2024. (2) They shall come into force from the date of publication in the Official Gazette. 2. In the Public Liability Insurance Rules, 1991 (hereinafter referred to as the principal rules), in rule 2, - (i) after clause (a), the following clauses shall be inserted: '(aa) "adjudicating officer", means any officer appointed/notify under section 15A of the act; (ab) "Assessment Report", means a report prepared by Central Pollution Control Board or State Pollution Control Boards under rule 3A of the Public Liability Insurance Rules, 1991 in respect of estimates of the extent of environmental damage caused by an incident.'; (ii) after clause (d), the following clause shall be inserted, namely: '(da) "Presenting Officer" means the officers (or) their authorized representative as per Appendix-I for taking cognizance of non-compliance (or) contravention of the provisions of the Act within their respective jurisdiction and for initiating and presenting the matter before the concerned Adjudicating Officer.'. 3. In the principal Rules, 1991, for rule 3, the following rule shall be substituted, namely: - "3. Application for relief. - (1) An application for claim of relief or restoration of property shall be made by any person as enlisted under sub-section (1) of section 6 of the Act to the Collector in Form I. (2) Notwithstanding anything contained in sub-rule (1), an application for relief may also be filed by any person or entity who holds an interest in the affected public property, and who can demonstrate a direct and substantial connection with that property." 4. In the principal rules, after rule 3, the following rule shall be inserted, namely: - "3A. Application for Environmental Damage. - Where damage is caused to environment which may not be attributed to a particular company/industry, the Central Pollution Control Board or State Pollution Control Board, as the case may be, shall make an application for allocation of funds from Environmental Relief Fund to the Central Government for identification, assessment and remediation of that damage in Form IA along with an Assessment Report and documents substantiating the assessment.”. 5. In the principal rules, after rule 5, the following rule shall be inserted, namely: - “5A. Publication of right to relief by the Industrial unit. - In case where any accident has occurred in any industrial unit due to manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of hazardous substance, such industrial unit shall further publicize among the affected people regarding their right to claim for relief under these rules.". 6. In the principal rules, in rule 10, - (i) for sub-rule (1), the following sub-rule shall be substituted, namely: - "(1) Subject to the provision 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 two hundred and fifty crore rupees and in case of more than one accident during the currency of insurance policy or one year whichever is less shall not exceed, five hundred crore rupees in the aggregate.". (ii) after sub-rule (4), the following sub-rule shall be inserted, namely: - “(5) The owner shall be liable to reimburse such amount, or provide such other relief for such other damage or loss under sub-section (1) of section 3 of the Act as specified in the Schedule to these rules. Explanation- For the purposes of this sub-rule, it is clarified that such other damage or loss, under sub- section (1) of section 3 of the Act due to manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, transfer or such other processes of hazardous substance, means: (i) Such other injury, sickness, or disease arising due to any such incidents; (ii) loss of livelihood due to any such incidents; (iii) loss or damage resulting from injury, sickness, or disease due to any such incidents; (iv) damage to private property, including but not limited to buildings, structures, and personal belongings, as a direct result of any such incident covered under the Act.". 7. In the principal rules, after sub-rule (3) of rule 11, the following sub-rule shall be inserted, namely: - "(4) where any penalty or additional penalty, as the case may be, is imposed under section 14 or 15 or 17, the amount of such penalty shall be credited to the Environmental Relief Fund established under section 7A.". 8. In the principal rules, after rule 11, the following rules shall be inserted, namely: - "12. Allocation of Funds for Environmental Damage- (1) The Central Government shall allocate funds from Environmental Relief Fund on an application made by the Central Pollution Control Board or the State Pollution Control Board under rule 3A, in accordance with the provisions of Environmental Relief Fund Scheme. (2) The funds allocated for an application made under rule 3A of these rules for identification, assessment & remediation of single site shall not exceed 10% of the amount available in the Environmental Relief fund.". 13. Appointment of Adjudicating Officer- (1) The District Magistrate having jurisdiction over the area (or) Joint Secretary to the Industry Department of the Government of the State /Union Territory shall be ex- officio Adjudicating Officer for the respective State and Union Territories. (2) The Central Government may appoint (i) Adjudicating Officer at the Central level not below the rank of Director to the Government of India and (ii) one or more than one Adjudicating Officer not below the rank of Joint Secretary to the State Government in a State/Union Territory, either on its own motion or on a written request by the concerned state Government. (3) The Adjudicating Officer may be provided with requisite manpower assistance, office space and technical assistance by the Central Government / State Government / Union Territory Administration as the case may be. 14. Cognizance and Processing of Matter- (1) No Adjudicating Officer shall take cognizance of any non- compliance or contravention of the provisions of this Act, or the rules made or orders or directions issued thereunder, unless such matter is initiated by the concerned Presenting officer, along with all necessary documents, either on its own motion or on receipt of a presentation in the prescribed Form III. (2) The Officers authorized for taking cognizance of violations within their respective jurisdiction shall present the matter before the concerned Adjudicating officer, as per the jurisdiction mentioned therein. The list of Officers is provided in the Appendix-I. (3) The Presenting Officer shall, before forwarding the matter under Rule 14 (1) to the Adjudicating Officer, process the matter exercising reasonable due diligence, in order to bring on record all relevant facts and circumstances that need to be taken into account for imposing penalty, and also to ascertain if it is a matter necessary for adjudication. 15. Manner of inquiry by Adjudicating Officer.- (1) Within 30 days of receipt of a matter, the Adjudicating Officer shall issue notice to the concerned Presenting Officer as well as to the person against whom non-compliance or contravention is alleged, along with the particulars of the matter against him clearly specifying the nature of non-compliance or contravention, and such person may either appear personally or through an authorized representative, on such date as specified, which shall not be less than 15 days from the date of service thereon and shall not exceed 30 days in the prescribed Form IV. (2) On such date as specified in the Notice, the person or his authorised representative may admit or deny the allegations levelled against him, before the Adjudicating Officer. (3) Under sub-rule (2), if the person or his representative admits to the allegations, the Adjudicating Officer shall state in his order such admission of the respondent, along with the quantum of penalty imposed in such format as may be prescribed by the Central Government, and send a copy of the order to the Presenting officer as well as the person who has lodged the matter, if applicable. (4) In cases not covered under sub-rule (3), the Adjudicating Officer shall fix a date for inquiry and communicate the same to the Presenting officer, for presentation of the matter. (5) On the date fixed, the adjudicating officer shall give an opportunity to the person to produce documents or evidence as he may consider relevant to the inquiry. (6) If any person fails, neglects or refuses to appear as required under sub-rule (5) before the adjudicating officer, the adjudicating officer may proceed with the inquiry in the absence of such person. (7) While holding an inquiry, the adjudicating officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the matter to give evidence or to produce any document which, in the opinion of the Adjudicating Officer, may be useful for or relevant to the subject matter of the inquiry. Explanation: For the purpose of this sub-rule, the Adjudicating officer shall have the following powers of a civil court, as specified in the Civil Procedure Code, 1908: (a) Summoning and enforcing the attendance of any person and examining him on oath (b) Requiring the discovery and production of documents or other electronic documents; and (c) Receiving evidence on affidavits (8) On presentation of matter by the concerned Presenting officer, defense given by the person and recording of such information as necessary, the Adjudicating Officer shall either dismiss the allegation or make such other order as it deems fit. (9) All orders of the Adjudicating Officer shall be speaking orders, irrespective of whether penalty has been imposed by such order or not as prescribed in Form V. (10) The Adjudicating Officer shall complete the adjudication of every matter within three months from the date fixed under sub-rule (4), which is extendable up to three more months if sufficient cause exists. (11) If the subject-matter of the matter received under rule 14(1) is already in issue before the National Green Tribunal or any other Court of competent jurisdiction on the date of receipt of the matter, the proceedings under this Rule shall be initiated by the adjudicating officer in parallel and pass order as indicated in Rule 18 unless such proceedings have been explicitly been stayed by the National Green Tribunal or any other court. 16. Transfer of Matters and Proceedings- (1) If the matter is made to a Presenting Officer which does not have jurisdiction to entertain it as per sub-rule (3) of Rule 14, it shall transfer the matter to the concerned Presenting officer within fifteen days of the receipt of such matter, along with reasons of such belief in the prescribed Form VI. (2) If on inquiry under Rule 15, it appears to the Adjudicating Officer at any stage of the proceedings before signing the final order, that the case is one which ought to be tried by any other Adjudicating Officer at the Central or the State-level, as the case may be, he shall transfer the case to such officer along with the copy of matter and a record of proceedings as prescribed in Form VII. (3) The Adjudicating Officer to whom such case is transferred may, in his discretion, re-hear the entire case from its inception. (4) If in the course of proceedings, it is found that the subject-matter of any proceedings is already adjudicated upon, the Adjudicating officer shall summarily dismiss the proceedings. 17. Manner of Service of Notice. – A notice under rule 15 shall be served on the person in the following manner: (1) by sending it to the person by registered post with acknowledgement due, to the address of his place of residence or his last known place of residence or the place where he carried on, or last carried on, business or personally works, or last worked, for gain; or (2) by sending it to the registered email of the person, if available; (3) where it cannot be served under clause (a) or wherever applicable, (b), every such Notice shall be affixed on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided, or carried on business or personally works or last worked for gain and the written report thereof shall be accompanied by the geo-tagged images of the notice. 18. Orders of the Adjudicating Officer. - (1) Every order passed by the adjudicating officer shall be dated and signed by the Adjudicating Officer in the prescribed Form V. (2) The Adjudicating Officer shall send a copy of the order passed by him to the person in default, the Central Government, the concerned Presenting officer, the person lodging the matter and any other person which the Adjudicating Officer considers appropriate. (3) Any order passed under this rule shall be subject to the outcome of any proceedings mentioned under sub-rule (11) of rule 15. 18A. Factors to be considered while determining Quantum of Penalty: (1) The Adjudicating officer, while adjudicating quantum of penalty, shall have due regard to the following factors, namely: - (a) The population and the area impacted or affected by such contravention or default; (b) The frequency and duration of such contravention or default or the repetitive nature of the default or contravention; (c) The vulnerability of the class of persons likely to be adversely affected by such contravention or default; (d) The amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the contravention or default; (e) Any other relevant factor as he thinks fit. (2) The penalty / additional penalty, as imposed by the Adjudicating Officer under this Act, shall be in addition to the liability to pay relief or compensation under section 15 read with section 17 of the National Green Tribunal Act, 2010 (19 of 2010); (3) For matters mentioned under sub-section (2), the penalty imposed by the Adjudicating Officer shall be in addition to, and not in substitution of such penalty or compensation. (4) All sums realised by way of penalties under the Act shall be credited to the Environmental Relief Fund. 19. Appeals from the order of Adjudicating Officer: (1) All appeals from the order(s) passed by the Adjudicating Officer under the Act shall lie to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010), as per Section 15B of the Act. (2) If the person who has lodged the matter is aggrieved by the order of the Adjudicating Officer, he shall also follow the process under Section 15B of the Act, so far as it may be practicable. 20. Failure to pay penalty / additional penalty imposed by the Adjudicating Officer: (1) In case of failure to pay penalty imposed under Section 17 of the Act within ninety days, such person shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. The Adjudicating Officer shall direct the concerned SPCB/PCC to initiate criminal proceedings against the person in the concerned District Court within thirty days after the lapse of ninety days as mentioned above. The concerned SPCB / PCC shall initiate the proceedings against the person/company in the concerned District Court within thirty days from the date of receipt of direction from Adjudicating Officer. (2) In case of failure to pay penalty imposed under Section 14 and 15 of the Act within ninety days, the Adjudicating Officer shall impose Additional penalty. In case of failure to pay Additional penalty imposed under section 14 and section 15 of the Act within ninety days, such person / company shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. The Adjudicating Officer shall direct the concerned SPCB / PCC to initiate criminal proceedings against the person / company in the concerned District Court within thirty days after the lapse of ninety days as mentioned above. The concerned SPCB / PCC shall initiate the proceedings against the person/company in the concerned District Court within thirty days from the date of receipt of direction from Adjudicating Officer. 9. In the principal rules, for Form I, the following form shall be substituted, namely: - FORM I FORM OF APPLICATION FOR COMPENSATION Date: _________________________ Mr/Ms/Mrs.* _________________________________________ Son of/ daughter of/ Widow* of Mr. _________________________________________ died/had sustained- injuries in an accident on _________________________________________ Other information are given below: - 1. Applicant Information: i. Name of the Applicant: _________________________ ii. Father's name: _________________________ iii. Address: _________________________ iv. City: _________________________ State: _________________________ Zip: _________________________ v. Contact No.: _________________________ 2. Affected Party information: i. Name: _________________________ ii. Father's Name: _________________________ iii. Sex of the person injured/dead/affected: _________________________ iv. Nature of injuries sustained: _________________________ v. Occupation of the person injured/dead: _________________________ vi. Relationship with applicant: _________________________ vii. Address: _________________________ viii. City: _________________________ State: _________________________ Zip: _________________________ 3. Details of Incident: i. Date of Incident: _________________________ ii. Time of Incident: _________________________ iii. Location of Incident: _________________________ iv. Type of Incident: (tick the following) [ ] Damage to Private Property from an accident [ ] Damage to Public Property from an accident [ ] Death or Injury to any person (other than workman) 4. Estimated Financial Loss (if applicable): _________________________ 5. Description of Incident and Damage: _________________________ 6. List of Relevant Documents Attached: vi. Medical Certificate in case of Death, Injury or Disability vii. Damage to property claimed viii. Proof of employment & wages received in case of wage loss ix. Any other documents 7. Additional Information: i. Name and Address of Police Station in whose jurisdiction accident took place or was registered: _________________________ ii. Name and Address of the Medical Officer/Practitioner who attended on the injured/dead: _________________________ iii. Any other information that may be considered necessary or helpful in the disposal of the claim: _________________________ I hereby swear and affirm that all the facts noted above are true to the best of my knowledge and belief. SIGNATURE OF THE APPLICANT/CLAIMANT ________________________________________________________________________________ * Strike out whichever is not applicable 10. In the principal rules, after so amended Form 1, the following Form 1A shall be inserted, namely: - FORM IA FORM OF APPLICATION FOR ALLOCATION OF FUNDS FROM Environmental Relief Fund Mr./Mrs./Miss _________________________ on behalf of Central Pollution Control Board / the State Pollution Control Board, [CPCB/SPCB], hereby submit an application for the allocation of funds from the Environmental Relief Fund (ERF) established under section 7A of the Public Liability Insurance Act, 1991. The details of the application are provided below: 1. Details: i. Name of [CPCB/SPCB]: _________________________ ii. Address: _________________________ iii. Contact Person: _________________________ iv. Contact Number: _________________________ v. Email Address: _________________________ 2. Purpose of Allocation: _________________________ 3. Assessed Environmental Impact: _________________________ 4. Estimated Fund Requirement: i. Total Estimated Fund Requirement: _________________________ ii. Breakdown of Fund Utilization: _________________________ 5. List of Relevant Documents Attached: _________________________ 6. Additional information: 1. Name of the Unit/Units with detail of owner/owners: _________________________ 2. Name of chemical manufactured/ handled by the unit/units causing accident: _________________________ 3. Address and co-ordinates of the Site: _________________________ 4. Place, date and time of Accident: _________________________ 5. SPCB in whose Jurisdiction Environmental Damage took place or was registered: _________________________ 6. Any other information: _________________________ I hereby declare that the information provided in this application is accurate to the best of my knowledge. [Signature] [Name] [Designation] [Organization Name] 11. In the principal rules, after Form II, the following Forms and Appendix-I shall be inserted, namely: - FORM III: FORMAT OF NON-COMPLIANCE (OR) CONTRAVENTION OF THE PROVISIONS OF THE PLI ACT (See Rule 14) Part A DETAILS TO BE FURNISHED BY THE PERSON LODGING THE NON-COMPLIANCE (OR) CONTRAVENTION OF THE PROVISIONS OF THE PLI ACT 1. Name of the Person lodging the non-compliance (In Block Letters): _________________________ 2. Proof of Identity Furnished: _________________________ Note: Any of the following documents will be considered as a valid proof of identity: Driving License, Service Identity Cards with photograph issued to employees by Central/State Government/Public Sector Undertaking/Public Limited Company, Passbook with photograph issued by a Bank/Post Office, PAN Card, Smart Card issued by Registrar General of India under National Population Register, MNREGA Job Card, Health Insurance Smart Card issued under the scheme of Ministry of Labour, Pension document with photograph, Official identity cards issued to MPs/MLAs/MLCs, and masked Aadhaar Card. 3. Age _________________________ 4. Gender _________________________ 5. Nationality _________________________ Note: In case the person who has lodged the non-compliance is not a citizen of India, only a copy of the Passport will be accepted as a proof of identity 6. Permanent Address House/Property Number: _________________________ Locality Village: _________________________ District: _________________________ City: _________________________ State: _________________________ Country: _________________________ Pin Code/Postal or Zonal Code: _________________________ 7. Correspondence Address House/Property Number: _________________________ Locality Village: _________________________ District: _________________________ City: _________________________ State: _________________________ Country: _________________________ Pin Code/Postal or Zonal Code: _________________________ 8. Occupation/ Designation _________________________ 9. Office Address _________________________ 10. Telephone Number/Mobile Number: _________________________ 11. Email Address: _________________________ 12. Details of Person/Company/Government Department against whom non-compliance is made: _________________________ 13. Mode of Presentation of non-compliance ____ In-Person ____ By Post ____ Online Portal 14. The relevant provisions of Act, rules, orders and directions the contravention of which is alleged: _________________________ 15. Particulars _________________________ of _________________________ non-compliance: _________________________ Enclosures: +-----+-------------------------------------------+------------------------+ | S. No. | Document | Whether enclosed (Yes/No)| +=====+===========================================+========================+ | 1. | Identity Proof | | +-----+-------------------------------------------+------------------------+ | 2. | Duly Notarised Affidavit (as indicated in Part B) | | +-----+-------------------------------------------+------------------------+ | 3. | Supporting Documents (if any) | | +-----+-------------------------------------------+------------------------+ Signature of the Person who has lodged the non-compliance/Authorized Signatory Place: _________________________ Date: _________________________ Part B UNDERTAKING I _________________________ aged _________________________ years, S/o _________________________ Resident of _________________________ do here by solemnly affirm and declare on oath as under- 1. That I am filing this non-compliance on my own behalf OR That I am filing this non-compliance on behalf of body/Board/ Corporation/ Authority/ Company/ society/trust/association of persons/Non-Governmental Organisation/ Limited Liability Partnership (give its name and registration number, if any) having their office at (give contact address/email/phone/fax of the organization) and that I am authorized to sign and make this non-compliance vide its authorisation dated _________________________ 2. That I have filed the present non-compliance under the provisions of the Public Liability Insurance Act, 1991 or its rules, orders and directions as amended from time to time. 3. That particulars of the non-compliance mentioned in Part A of this Form are true to the best of my knowledge, and I have enclosed all necessary documents. 4. I state that before filing this non-compliance I have collected the information and supporting evidence to the best of my knowledge, ability and capacity which are relevant in support of the allegations against _________________________ and I further confirm that I have not concealed any data / material / information in this non-compliance. Solemnly affirmed at _________________________ on this day _________________________ of _________________________ DEPONENT FORM IV: NOTICE See RULE 15 (1) Part A NOTICE TO THE RESPONDENT To: Name of the Addressee: _________________________ Address: _________________________ Contact Details: _________________________ 1. TAKE NOTICE that a non-compliance is registered against you by the Presenting Officer at _________________________ under the provisions of _________________________ read with Public Liability Insurance Act, 1991, a copy of which has been attached with this Notice. 2. You are hereby called upon to appear before the Adjudicating Officer in person, or through an authorized representative, on _________________________ at _________________________ (Address). 3. Take further notice that, in default of your appearance on the day aforementioned, the matter will be heard and determined in your absence. GIVEN under my hand and the seal, on this _________________________ day of _________________________ Adjudicating Officer Part B NOTICE TO THE PRESENTING OFFICER To The Presenting Officer _________________________ 1. TAKE NOTICE that the non-compliance registered and forwarded by you vide Letter/Memo No. _________________________ dated _________________________ shall be heard by the Adjudicating Officer on _________________________ at _________________________ (Address). 2. You (or) the authorized representative as per Appendix-I for taking cognizance of non-compliance (or) contravention of the provisions of the Act within their respective jurisdiction are required to attend the proceedings and present the case. GIVEN under my hand and the seal, on this _________________________ day of _________________________ Adjudicating Officer Non-compliance ID: _________________________ Dated: _________________________ Presenting Officer: _________________________ FORM V: FORMAT OF ORDER UNDER RULE 15 (9) See RULE 15 (9) Respondent: _________________________ 1. That, in the matter as indicated above, the parties appeared before the Adjudicating Officer on _________________________ at _________________________ If the respondent admits to the non-compliance, the following paragraph 2 would be included: 2. Under sub-Rule (9) of Rule 15, the respondent has admitted to the non-compliance registered against him, and as such the following penalty is imposed on him, _________________________ which shall be deposited by him according to the timeline stipulated under law. 3. After hearing the parties and perusing documents and all other evidence as presented, the following order is made: ________________________________________________________________________________ ________________________________________________________________________________ If applicable: 4. For reasons as aforesaid, the following penalty is imposed on the respondent, _________________________ which shall be deposited by him according to the timeline stipulated under law. 5. In case of failure to pay the penalty or additional penalty, as required by the Public Liability Insurance Act, 1991, the respondent shall become liable under the provisions of Section 17B of the Act for further prosecution. 6. Non-compliance is disposed of in the aforementioned terms. GIVEN under my hand and the seal, on this _________________________ day of _________________________ Adjudicating Officer FORM VI FORMAT OF TRANSFER OF NON-COMPLIANCE BY PRESENTING OFFICER SEE RULE 16 (1) To The Presenting Officer (to whom non-compliance is to be transferred) _________________________ Non-compliance ID: _________________________ Dated: _________________________ Respondent: _________________________ 1. Please find attached non-compliance received by the undersigned on _________________________ 2. On perusal of the non-compliance, it is found that the non-compliance falls within the regulatory jurisdiction of the Presenting Officer addressed above. 3. It is, therefore, requested to register this non-compliance, and take any further action that may be necessary. Encl. 1. Copy of the non-compliance 2. Necessary documents (wherever applicable) Authorized Representative of the Presenting Officer (Name and Address) (Signed, dated and stamped) FORM VII FORMAT OF TRANSFER OF PROCEEDINGS BY ADJUDICATING OFFICER SEE RULE 16 (2) To, The Adjudicating Officer (Centre/State/UT) (to whom proceedings are to be transferred) _________________________ Non-compliance ID: _________________________ Dated: _________________________ Respondent: _________________________ 1. The non-compliance as indicated above was brought before the undersigned on _________________________ and was being adjudicated. 2. During the course of proceedings, it has been found that the subject-matter of the non-compliance falls within your jurisdiction. 3. In view of the above, all case documents and a certified copy of record of proceedings are being duly transferred. 4. It is requested that further necessary action may be taken in the matter. Encl. 1. Copy of the non-compliance 2. Certified Copy of record of proceedings (wherever applicable) GIVEN under my hand and the seal, on this _________________________ day of _________________________ Adjudicating Officer APPENDIX I +---------+-------------------------------------------------------------+-----------------+ | Sr. No. | Officer | Jurisdiction | +=========+=============================================================+=================+ | (1) | (2) | (3) | +---------+-------------------------------------------------------------+-----------------+ | 1. | The Chairman or Member-Secretary of the Central Pollution | Whole of India | | | Control Board or his authorised representative | | +---------+-------------------------------------------------------------+-----------------+ | 2. | The Chairman or Member-Secretary of the State Pollution | Whole of State | | | Control Board or his authorised representative | | +---------+-------------------------------------------------------------+-----------------+ | 3. | District Collector having jurisdiction over the area or his | Whole of District | | | authorised representative | | +---------+-------------------------------------------------------------+-----------------+ 12. In the Principal Rules, the following Schedule shall be inserted, namely: - THE SCHEDULE [See Rule 10(5) & (6)] Reimbursement of medical expenses incurred up to a maximum of Rs. 1,50,000/- in each case. i. For fatal accidents the relief will be Rs. 5,00,000/- per person in addition to reimbursement of medical expenses if any, incurred on the victim up to a maximum of Rs. 1,50,000/- ii. For permanent total or permanent partial disability or other injury or sickness, the relief will be a. reimbursement of medical expenses incurred, if any, up to a maximum of Rs. 25,000/- in each case and b. cash relief on the basis of percentage of disablement as certified by an authorized physician. The relief for total permanent disability will be Rs. 5,00,000/-. iii. For loss of wages due to temporary partial disability which reduces the earning capacity of the victim, there will be a fixed monthly relief not exceeding Rs. 25,000/- per month up to a maximum of 3 months: Provided the victim has been hospitalized for a period exceeding 3 days and is above 16 years of age. iv. Up to Rs. 50,00,000/- depending on the actual damage, for public/private property in each case. v. Reimbursement of amount Up to Rs. 25,000/- for losses or damages resulting from injury, sickness or disease. [F. No. HSM-12/96/2020-HSM] NARESH PAL GANGWAR, Addl. Secy. Note: The Principal rules were published in the Gazette of India vide notification S.O. 330 (E) dated 1st May 1991 and amended subsequently by notification no. G.S.R. 596 (E) dated 20th September 1991, notification no. G.S.R. 87(E) dated 6th February,1992 and notification G.S.R. 391 (E) dated 23rd April 1993.