Act Number: 51

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

Year: 1971

Enactment Date: 1971-12-10

Long Title: An Act to make certain provisions for the insurance of certain property in India against damage arising from emergency risks and for 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) "building" includes foundations, plinths, floors, staircases, tanks, engine and boiler beds, chimneys, flues and boundary walls;
         (b) "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 any 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 the 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 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 risk to property;
             (vi) precautionary or preparatory measures taken under proper authority with a view to denying facilities to an enemy, being measures involving damage to or diminution of the value of property;
         (c) "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;
         (d) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
         (e) "factory building" includes all buildings comprised in the factory, and such other buildings (including residential buildings for staff and workmen, hospitals and welfare centres) within a radius of three kilometres from the main factory building as are in the same ownership or occupation as the factory and are used for the purposes of the factory;
         (f) "Fund" means the Emergency Risks (Undertakings) Insurance Fund constituted under section 7;
         (g) "inland vessel" means a vessel not ordinarily plying outside the limits of the territorial waters surrounding India;
         (h) "insurable value" means the value of the property as ascertained for the purposes of insurance under this Act;
         (i) "occupier" of a factory has the meaning assigned to it in clause (n) of section 2 of the Factories Act, 1948 (63 of 1948);
         (j) "owner", in relation to property insurable under this Act, means the owner of such property and includes, when parts of such property in relation to an undertaking to which this Act applies are owned by different persons, each such person in respect of the part owned by him;
         (k) "policy or policy of insurance" means a contract of insurance issued under the Scheme and includes a policy of insurance or renewal endorsement;
         (l) "property insurable under this Act" means--
             (i) in relation to any factory, factory buildings, and, except where they are for the time being goods insurable under the Emergency Risks (Goods) Insurance Act, 1971, all plant and machinery in the factory, all materials in the factory for use in the production or transmission of motive power, or in the maintenance of plant and machinery (including lubricants) or in the maintenance of factory buildings;
             (ii) in relation to Electric Supply Undertakings, the stations, sub-stations, switch houses and transformer houses, in addition to the insurable property referred to in sub-clause (i) of this clause;
             (iii) in relation to hydro-electric supply undertakings, the whole of sluice houses, valve houses, water-pipe lines, penstocks and any other plant or machinery appertaining to the intake of hydraulic power;
             (iv) in relation to mines as defined in the Mines Act, 1952 (35 of 1952), plant and machinery, whether above or below ground, buildings including inclines and situated within a radius of three kilometers from the mine excavation and in relation to such plant, machinery and buildings and materials above ground as would, if the mine were a factory, be included in property insurable under this Act under sub-clause (i) of this clause;
             (v) in relation to gas supply undertakings, the whole of distribution systems, in addition to the insurable property referred to in sub-clause (i) of this clause;
             (vi) in relation to any trading Corporation or any body of Port Trustees or Commissioners, or any other person specified in this behalf by the Central Government, owning inland vessels and all inland vessels (including the hull, machinery and fittings thereof), fuel carried thereon and stores carried therein for the use of the crew, owned by it or him, as the case may be, where such vessels, fuel and stores are not for the time being plant or materials insurable in relation to a factory under this Act and the Scheme thereunder, or goods insurable under the Emergency Risks (Goods) Insurance Scheme made under the Emergency Risks (Goods) Insurance Act, 1971;
             (vii) in relation to oil mines and oil refineries, in addition to properties referred to in sub-clause (i) or sub-clause (iv) of this clause, as the case may be, derricks, drills and rigs and group gathering stations and storage tanks of oil mines, plant and machinery required for pumping, refining or processing any mineral oil, and pipe lines and all buildings of such installations within a radius of three kilometres thereof;
             (viii) in relation to tea estates, in addition to the properties referred to in sub-clause (i) of this clause, standing tea crops in any garden belonging to the owner of any factory:
         Provided that no property shall be deemed to be insurable under this Act in respect of a period if such property is, before payment has been made of the premium under this Act for that period, in the custody, control or possession of the enemy;
         (m) "quarter" means a period of three months commencing on the first day of January, April, July or October;
         (n) "Scheme" means the Emergency Risks (Undertakings) Insurance Scheme made under this Act;
         (o) "undertaking to which this Act applies" includes--
             (i) factories,
             (ii) electric supply undertakings, hydro-electric supply undertakings and State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948),
             (iii) mines, as defined in the Mines Act, 1952 (35 of 1952),
            (iv) gas supply undertakings,
             (v) oil mines and oil refineries,
            (vi) tea estates,
             (vii) any trading Corporation or any body of Port Trustees or Commissioners or any other person specified in this behalf by the Central Government, owning inland vessel,
but does not include any undertaking which is owned and departmentally run by Government or any undertaking which is exempted under section 15 from the provisions of this Act;
         (p) "vessel" means a vessel the value of which including the hull, machinery and fittings but excluding cargo, fuel and stores carried for the use of the crew, as ascertained for the purpose of insurance under the Scheme, exceeds two thousand and five hundred rupees, propelled wholly or in part by steam, electrical or mechanical power, or adapted for towing by a vessel so propelled, and includes any such vessel while used as a place of habitation or for storage of goods but does not include a vessel of the type commonly called country craft.
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