Public Liability Insurance Act, 1991

8. Directions

(1) Any direction issued under section 12 shall be in writing.

(2) The directions shall specify the nature of action to be taken and the time within which it shall be complied with by any owner, person, officer, authority or agency to whom such direction is given.

(3) The owner, person, officer, authority or agency to whom any direction is sought to be issued, shall be served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of the notice to file with an officer designated in this behalf, the objections, if any, to the issue of the proposed direction.

(4) The government shall within a period of forty-five days from the date of receipt of the objections, or from the date up to which an opportunity is given to the owner, person, officer, authority or agency to file objections, whichever is earlier, after considering the objections, if any, received from the owner, person, officer, authority or an agency sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.

(5) In a case where the government is of the opinion that in view of the likelihood of a grave injury to the public, it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity.

(6) Every notice or direction required to be issued under this rule shall be deemed to be duly served.

(a) where the person to be served is a company, if the document is addressed in the name of the company, at its registered office or at its principal office or place of business, and is either,-

(i) sent by registered post; or

(ii) delivered or affixed at some conspicuous part of the premises at its registered office or at the principal office or place of business;

(b) where the person to be served is an officer serving in the government, if the document is addressed to the person and a copy thereof is endorsed to his Head of the Department and also to the Secretary to the Government, as the case may be, in charge of the Department in which, for the time being, the business relating to the Department, in which the officer is employed, is transacted and is either,-

(i) sent by registered post; or

(ii) is given or tendered to him;

(c) in any other case, if the document is addressed to the person to be served, and-

(i) is given or tendered to him; or

(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered part of the land or building, if any, to which it relates, or

(iii) is sent by registered post to that person.

Explanation : For the purpose of this rule,-

(a) "company" means any body corporate and includes a firm or other association of individuals;

(b) "a servant" means a person who is not a member of the family.]

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