Section 17 of The Public Liability Insurance Act, 1991
Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Summary
- If a government department breaks any rule in this law, the head of that department is held legally responsible and faces a penalty.
- The penalty for the head of the department is equal to one month of their basic salary.
- The department head can avoid this penalty if they can prove the violation happened without their knowledge, or if they prove they tried their best to prevent it.
- If the violation happened because a different officer neglected their duties, that specific officer also faces a penalty of one month of their basic salary.
- The other officer can also avoid the penalty by proving they used all due diligence to avoid the violation.
Practical examples
FAQ
1. Who pays the penalty if a government department breaks the law?
The head of the department is primarily liable, but if another officer caused the issue through neglect, that officer is liable.
2. How much is the penalty for a government officer?
The penalty is equal to one month of their basic salary.
3. Can a department head avoid paying the penalty?
Yes, if they can prove the violation occurred without their knowledge or that they exercised all due diligence to prevent it.
4. Does this apply to both Central and State governments?
Yes, it applies to any Department of the Central Government or State Government.
Test yourself
Q1.Under Section 17 of The Public Liability Insurance Act, 1991, what is the penalty for the Head of a Government Department that contravenes the law?
Q2.Under Section 17 of The Public Liability Insurance Act, 1991, how can a Head of a Department avoid the penalty for a violation?
Q3.Under Section 17 of The Public Liability Insurance Act, 1991, what happens if the violation is directly caused by the neglect of an officer who is not the Head of the Department?
Q4.Under Section 17 of The Public Liability Insurance Act, 1991, which levels of government are subject to these department penalties?
Q5.Under Section 17 of The Public Liability Insurance Act, 1991, what must an officer prove to avoid the penalty if a violation is attributed to their neglect?