section 17
Penalty for contravention by Government Department
The Public Liability Insurance Act, 1991(1) Where contravention of any provision of this Act has been committed by any Department of the Central Government or State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention. (2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, he shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— (a) such amount under subsection (2A) of section 4; (aa) the amount required to be paid by every owner for being credited to the Relief Fund under sub-section (2C) of section 4; (ab) the manner in which and the period within which the amount received from the owner is required to be remitted by the insurer under sub-section (2D) of section 4; (ac) establishment and maintenance of fund under sub-section (3) of section 4; (b) the form of application and the particulars to be given therein and the documents to accompany such application under sub-section (2) of section 6; (c) the procedure for holding an inquiry under sub-section (4) of section 7; (d) the purposes for which the Collector shall have powers of a Civil Court under sub-section (5) of section 7; (e) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 18; (ea) amount or relief and any other loss or damage under sub-section (1) of section 3; (eb) such other person under sub-section (1A) of section 6; (ec) manner of allocation of fund for restoration of damage under sub-section (9) of section 7; (ed) any other amount from other sources under clause (d) of sub-section (1A) of section 7A; (ee) manner of holding inquiry and imposing penalty under sub-section (1) of section 15A; (f) any other matter which is required to be, or may be, prescribed. (3) Every rule or scheme made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or scheme or both Houses agree that the rule or scheme should not be made, the rule or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme.
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