Section 3:
Emergency Risks (Undertakings) Insurance Scheme.
(1) The Central Government may, by
notification in the Official Gazette, put into operation a scheme to be called the Emergency Risks
(Undertakings) Insurance Scheme, whereby the Central Government undertakes the liability of insuring
property insurable under this Act against emergency risks, to the extent provided by or under this Act.
(2) The Scheme may extend to the undertaking by the Central Government in relation to any person
in India of the liability of insuring such person against emergency risks in respect of any property
insurable under this Act which is not owned by him but in which he has an interest, up to the extent of
(3) The Scheme shall be such as to secure--
(a) that the liability of the Central Government insurer shall not extend to more than eighty per
cent. of the insurable value of the property insurable;
(b) that any liability of the Central Government as insurer under the Scheme is determined by a
policy of insurance issued, in the form and in respect of a period not exceeding the period specified in
the Scheme, by a person acting on behalf of the Central Government:
Provided that the form of policy may be such as to limit the extent and nature of the indemnity
provided by the Central Government and to impose conditions subject to which the indemnity is
provided:
Provided further that the form of policy shall be such as to provide that no liability shall arise
thereunder unless the premium in relation to the period in which any loss or damage occurs has been
paid before the occurrence of such loss or damage;
(c) that any premium under a policy so issued is payable at a rate not exceeding three per cent. per
annum of the sum insured as may be specified in the Scheme:
Provided that nothing in this clause shall prevent the securing by the Scheme of different rates of
premium in relation to properties of different descriptions insurable under this Act owned by any
undertaking to which this Act applies;
(d) that the amount of any one premium payable under a policy so issued is not less than such
sum as may be specified in the Scheme.
(4) The Scheme may provide--
(a) for undertaking in relation to works in course of construction which, when completed, will
become properties insurable under the Act and such plant and machinery appertaining to such works
as may be specified in the Scheme, the same liabilities as are undertaken by the Scheme in relation to
the undertakings;
(b) that the payments due under a policy of insurance issued under the Scheme, may at the option
of the Central Government take either of the following forms, namely:--
(i) payment, within the limits of the liability assumed by the Central Government and in such
manner and by such instalments as the Central Government may think fit, of the cost necessary to
restore the property as far as practicable to the condition in which it existed before the occurrence
of the damage, or
(ii) compensation, within the aforesaid limits, for the loss in value, ascertained on the basis of
values and prices ruling at the time at which the policy of insurance was taken out, or at which the
loss occurred, whichever is less, suffered by the property as a result of the damage, after due
allowance has been made for depreciation during the period of insurance cover;
(c) that payments due under a policy of insurance under the Scheme may be postponed to any
time before the expiry of one year from the date on which this Act ceases to be in force, or, subject to
payment of interest at the rate of two per cent. per annum from the expiry of the said year, to any later
date;
(d) for making it an express or implied condition of any policy of insurance issued under the
Scheme--
(i) that the owner or occupier of a factory or owner of other undertakings mentioned in
sub-section (1), as the case may be, shall comply with all regulations or instructions made or
issued under the authority of Government for safeguarding the property against damage from
emergency risks, or
(ii) that, where the Central Government exercises its option to pay the cost necessary to
restore the property to its original condition the owner of the undertaking shall if so required by
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the Central Government, reconstruct the property or remove the property to and reconstruct it in
another locality.
(5) Different forms of policies may be specified in the Scheme under sub-section (3) in relation to
different classes of undertakings.
(6) The Central Government may, by notification in the Official Gazette, add to, amend or vary any
Scheme made under this Act.
(7) Every Scheme 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
successive sessions, and if before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the Scheme or both Houses
agree that the Scheme should not be made, the 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 the Scheme.