Bare Act Search Results

Emergency Risks (Undertakings) Insurance Act, 1971 Complete Act

State: Central

Year: 1971

.....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; (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 kilometers 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.....

Emergency Risks (Goods) Insurance Act, 1971 Complete Act

State: Central

Year: 1971

.....Central Act. SECTION 02: 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 and such explosives, munitions or other dangerous things; (iii) measures taken under proper authority to avoid the spreadire 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 earning 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 taken.....

Railways Act, 1989 Section 63

Title: Provision of Risk Rates

State: Central

Year: 1989

(1) Where any goods are entrusted to a railway administration for carriage, such carriage shall, except where owner's risk rate is applicable in respect of such goods, be at railway risk rate. (2) Any goods, for which owner's risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at owner's risk rate.

Insurance Act, 1938 (4 of 1938) Section 64VB

Title: No Risk to Be Assumed Unless Premium is Received in Advance

State: Central

Year: 1938

.....of the agent. (4) Where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the collection excluding bank and postal holidays. (5) The Central Government may, by rules, relax the requirements of sub-section (1) in respect of particular categories in insurance policies. 1 [(6) The Authority may, from time to time, specify, by the regulations made by it, the manner of receipt of premium by the insurer.] ______________________ 1. Inserted by Act 42 of 2002, section 13 (w.e.f. 23-9-2002).

Motor Vehicles Act, 1988 Chapter 11

Title: Insurance of Motor Vehicles Against Third Party Risks

State: Central

Year: 1988

.....of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where any such judgment as is referred to in sub-section (1) is obtained from a Court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a Court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is.....

Indian Penal Code (45 of 1860) Section 106

Title: Right of Private Defence Against Deadly Assault when there is Risk of Harm to Innocent Person

State: Central

Year: 1860

If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

Sale of Goods Act, 1930 Section 26

Title: Risk Prima Facie Passes with Property

State: Central

Year: 1930

Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not: Provided that, where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as bailee of the goods of the other party.

Sale of Goods Act, 1930 Section 40

Title: Risk Where Goods Are Delivered at Distant Place

State: Central

Year: 1930

Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit.

Employers Liability Act, 1938 Section 4

Title: Risk Not to Be Deemed to Have Been Assumed Without Full Knowledge

State: Central

Year: 1938

In any such suit for damages, the workman shall not be deemed to have undertaken any risk attaching to the employment unless the employer proves that the risk was fully explained to and understood by the workman and the workman voluntarily undertook the same.

RAILWAYS ACT, 1989 Section 97

Title: Goods carried at owner's risk rate

State: Central

Year: 1989

Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or non-delivery in transit, of any consignment carried at owner's risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or misconduct on its part or on the part of any of its servants: Provided that-- (a) where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or (b) where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit, the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the.....