Lawgist2Definitions
In this Act, unless the context otherwise requires,--
1 [(a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or 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 radio-activity;]
(b) "Collector" means the Collector having jurisdiction over the area in which the accident occurs;
(c) "handling", in 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;
(d) "hazardous substance" means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as may be specified, by notification, by the Central Government;
(e) "insurance" means insurance against liability under sub-section (1) of section 3;
(f) "notification" means a notification published in the official Gazette;
2 (g) "owner" means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,--
(i) in the case of firm, any of its partners;
(ii) in the case of an association, any of its members; and
(iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company;]
(h) "prescribed" means prescribed by rules made under this Act;
3[ (ha) "Relief Fund" means the Environmental Relief Fund established under section 7A;]
(i) "rules" means rules made under this Act;
(j) "vehicle" means any mode of surface transport other than railways.
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1 Subs. by Act 11 of 1992, s. 2, for clause (a) (w.e.f. 31-1-1992).
2 Subs. by s. 2, ibid., for clause (g) (w.e.f. 31-1-1992).
3 Ins. by s. 2,ibid. (w.e.f. 31-1-1992).
- 1 Short title and commencement
- 2 Definitions
- 3 Liability to give relief in certain cases on principle of no fault
- 4 Duty of owner to take out insurance policies
- 5 Verification and publication of accident by Collector
- 6 Application for claim for relief
- 7 Award of relief
- 7A Establishment of Environmental Relief Fund
- 8 Provisions as to other right to claim compensation for death, etc
- 9 Power to call for information
- 10 Power of entry and inspection
- 11 Power of search and seizure
- 12 Power to give directions
- 13 Power to make application to Courts for restraining owner from handling hazardous substances
- 14 Penalty for contravention of sub-section (1) or sub-section (2) of section 4 or failure to comply with directions under section 12
- 15 Penalty for failure to comply with direction under section 9 or order under section 11 or obstructing any person in discharge of his functions under section 10 or 11
- 16 Offences by companies
- 17 Offences by Government Departments
- 18 Cognizance of offences
- 19 Power to delegate
- 20 Protection of action taken in good faith
- 21 Advisory Committee
- 22 Effect of other laws
- 23 Power to make rules
