Act Number: 50

Act Name: The Emergency Risks (Goods) Insurance Act, 1971

Year: 1971

Enactment Date: 1971-12-10

Long Title: An Act to make certain provisions for the insurance of goods in India against damage arising from emergency risks and matters connected therewith or incidental thereto.

Ministry: Ministry of Finance

Department: Department of Financial Services

Section 2: Definitions.
    In this Act, unless the context otherwise requires,--
         (a) "emergency risks" means such risks arising from,--
             (i) action taken by an enemy or action taken in combating an enemy or in repelling an imagined attack by an enemy;
             (ii) any explosion or fire which involves explosives or munitions or other dangerous things required for the purposes of defence against any action of an enemy and which happens or is caused by, through, or in connection with, the manufacture, storage or transportation of any such explosives, munitions or other dangerous things;
             (iii) measures taken under proper authority to avoid the spreading of or otherwise to mitigate, the consequences of damage occurring (whether accidentally or not) as a direct result of any such action as is described in sub-clause (i) or of any such explosion or fire as is described in sub-clause (ii);
             (iv) precautionary or preparatory measures taken under proper authority with a view to preventing or hindering the carrying out of any attack by an enemy, being measures involving a substantial degree of risk to property;
             (v) precautionary or preparatory measures involving the doing of work on land and taken under proper authority in any way in anticipation of enemy action, being measures involving a substantial degree of risk to property;
             (vi) precautionary or preparatory measures taken under proper authority with a view to denying facilities to an enemy, being measures involving a substantial degree of damage to or diminution of value of property;
         (b) "enemy" means"--
             (i) any person or country committing external aggression against India;
             (ii) any person belonging to a country committing such aggression;
             (iii) such other country as may be declared by the Central Government to be assisting the country committing such aggression;
             (iv) any person belonging to such other country;
         (c) "Fund" means the Emergency Risks (Goods) Insurance Fund constituted under section 10;
         (d) "goods" means any materials, commodities or articles and includes materials, commodities or articles used in or for the construction or repair of any ship up to the time at which the ship after completion of construction, or repair, is launched;
         (e) "insurable value" means the value of goods as ascertained for the purposes of insurance under this Act;
         (f) "policy" or "policy of insurance" means a contract of insurance issued under the Scheme and includes a policy of insurance and renewal endorsement;
         (g) "quarter" means a period of three months commencing on the first day of January, April, July or October;
         (h) "Scheme" means the Emergency Risks (Goods) Insurance Scheme made under this Act;
         (i) "seller of goods" includes a seller of goods acting as an agent;
         (j) "supplier of goods" means a person carrying on a business in the course of which he supplies goods for the purpose of, or in pursuance of, contracts made by him for work, labour or materials.
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